Tafheem ul Quran

Surah 5 Al-Ma'idah, Ayat 35-43

يٰۤاَيُّهَا الَّذِيۡنَ اٰمَنُوا اتَّقُوا اللّٰهَ وَابۡتَغُوۡۤا اِلَيۡهِ الۡوَسِيۡلَةَ وَجَاهِدُوۡا فِىۡ سَبِيۡلِهٖ لَعَلَّـكُمۡ تُفۡلِحُوۡنَ‏ ﴿5:35﴾ اِنَّ الَّذِيۡنَ كَفَرُوۡا لَوۡ اَنَّ لَهُمۡ مَّا فِى الۡاَرۡضِ جَمِيۡعًا وَّمِثۡلَهٗ مَعَهٗ لِيَـفۡتَدُوۡا بِهٖ مِنۡ عَذَابِ يَوۡمِ الۡقِيٰمَةِ مَا تُقُبِّلَ مِنۡهُمۡ​ۚ وَلَهُمۡ عَذَابٌ اَ لِيۡمٌ‏ ﴿5:36﴾ يُرِيۡدُوۡنَ اَنۡ يَّخۡرُجُوۡا مِنَ النَّارِ وَمَا هُمۡ بِخَارِجِيۡنَ مِنۡهَا​ وَلَهُمۡ عَذَابٌ مُّقِيۡمٌ‏ ﴿5:37﴾ وَالسَّارِقُ وَالسَّارِقَةُ فَاقۡطَعُوۡۤا اَيۡدِيَهُمَا جَزَآءًۢ بِمَا كَسَبَا نَـكَالًا مِّنَ اللّٰهِ ؕ وَاللّٰهُ عَزِيۡزٌ حَكِيۡمٌ‏ ﴿5:38﴾ فَمَنۡ تَابَ مِنۡۢ بَعۡدِ ظُلۡمِهٖ وَاَصۡلَحَ فَاِنَّ اللّٰهَ يَتُوۡبُ عَلَيۡهِؕ اِنَّ اللّٰهَ غَفُوۡرٌ رَّحِيۡمٌ‏ ﴿5:39﴾ اَلَمۡ تَعۡلَمۡ اَنَّ اللّٰهَ لَهٗ مُلۡكُ السَّمٰوٰتِ وَالۡاَرۡضِؕ يُعَذِّبُ مَنۡ يَّشَآءُ وَيَغۡفِرُ لِمَنۡ يَّشَآءُ​ ؕ وَاللّٰهُ عَلٰى كُلِّ شَىۡءٍ قَدِيۡرٌ‏  ﴿5:40﴾ يٰۤـاَيُّهَا الرَّسُوۡلُ لَا يَحۡزُنۡكَ الَّذِيۡنَ يُسَارِعُوۡنَ فِى الۡكُفۡرِ مِنَ الَّذِيۡنَ قَالُوۡۤا اٰمَنَّا بِاَ فۡوَاهِهِمۡ وَلَمۡ تُؤۡمِنۡ قُلُوۡبُهُمۡ​ ​ۛۚ وَمِنَ الَّذِيۡنَ هَادُوۡا ​ ۛۚ سَمّٰعُوۡنَ لِلۡكَذِبِ سَمّٰعُوۡنَ لِقَوۡمٍ اٰخَرِيۡنَۙ لَمۡ يَاۡتُوۡكَ​ؕ يُحَرِّفُوۡنَ الۡـكَلِمَ مِنۡۢ بَعۡدِ مَوَاضِعِهٖ​ۚ يَقُوۡلُوۡنَ اِنۡ اُوۡتِيۡتُمۡ هٰذَا فَخُذُوۡهُ وَاِنۡ لَّمۡ تُؤۡتَوۡهُ فَاحۡذَرُوۡا​ ؕ وَمَنۡ يُّرِدِ اللّٰهُ فِتۡنَـتَهٗ فَلَنۡ تَمۡلِكَ لَهٗ مِنَ اللّٰهِ شَيۡـئًـا​ؕ اُولٰٓـئِكَ الَّذِيۡنَ لَمۡ يُرِدِ اللّٰهُ اَنۡ يُّطَهِّرَ قُلُوۡبَهُمۡ​ ؕ لَهُمۡ فِىۡ الدُّنۡيَا خِزۡىٌ ۚۖ وَّلَهُمۡ فِىۡ الۡاٰخِرَةِ عَذَابٌ عَظِيۡمٌ‏ ﴿5:41﴾ سَمّٰعُوۡنَ لِلۡكَذِبِ اَ كّٰلُوۡنَ لِلسُّحۡتِ​ؕ فَاِنۡ جَآءُوۡكَ فَاحۡكُمۡ بَيۡنَهُمۡ اَوۡ اَعۡرِضۡ عَنۡهُمۡ​ ۚ وَاِنۡ تُعۡرِضۡ عَنۡهُمۡ فَلَنۡ يَّضُرُّوۡكَ شَيۡـئًـا​ ؕ وَاِنۡ حَكَمۡتَ فَاحۡكُمۡ بَيۡنَهُمۡ بِالۡقِسۡطِ​ ؕ اِنَّ اللّٰهَ يُحِبُّ الۡمُقۡسِطِيۡنَ‏ ﴿5:42﴾ وَكَيۡفَ يُحَكِّمُوۡنَكَ وَعِنۡدَهُمُ التَّوۡرٰٮةُ فِيۡهَا حُكۡمُ اللّٰهِ ثُمَّ يَتَوَلَّوۡنَ مِنۡۢ بَعۡدِ ذٰ لِكَ​ ؕ وَمَاۤ اُولٰٓـئِكَ بِالۡمُؤۡمِنِيۡنَ‏  ﴿5:43﴾

(5:35) Believers! Fear Allah and seek the means to come near to Him,58 and strive hard in His way;59 maybe you will attain true success. (5:36) For those who disbelieved - even if they had all that is in the earth, and the like of it with it, and offered it all as ransom from chastisement on the Day of Resurrection, it will not be accepted of them - a painful chastisement lies in store for them. (5:37) They will wish to come out of the Fire, but they will not. Theirs will be a long-lasting chastisement. (5:38) As for the thief -male or female - cut off the hands of both.60 This is a recompense for what they have done, and an exemplary punishment from Allah. Allah is All-Mighty, All-Wise. (5:39) But he who repents after he has committed wrong, and makes amends, Allah will graciously turn to him.61 Truly Allah is All-Forgiving, All-Compassionate. (5:40) Do you not know that to Allah belongs the dominion of the heavens and the earth? He chastises whom He wills and forgives whom He wills. Allah is All-Powerful. (5:41) O Messenger! Do not be grieved on account of those who vie with one another in disbelieving:62 even though they be those who say with their mouths: 'We believe' even though their hearts have no faith; or they be Jews who have their ears eagerly turned to falsehood63 and spy for other people who did not chance to come to you,64 who pervert the words of Allah, taking them out of their proper context in order to distort their meaning.65 They say to people: 'If such and such teaching is given to you, accept it; if you are not given that, then beware!66 You can be of no avail to him whom Allah wills to fall into error.67 Those are the ones whose hearts Allah does not want to purify.68 For them there is degradation in this world and a mighty chastisement in the Next. (5:42) They are listeners of falsehood and greedy devourers of unlawful earnings.69 If they come to you you may either judge between them or turn away from them. And were you to turn away from them they shall not be able to harm you; and were you to judge between them judge with justice. Surely Allah loves the just.70 (5:43) Yet how will they appoint you a judge when they have the Torah with them, wherein there is Allah's judgement - and still they turn away from it?71 The fact is, they are not believers.

Notes

58. People are urged to solicit all means which might bring them close to God and enable them to please Him.

59. The English imperative 'strive hard' does not do full justice to the actual word used in the Qur'an: jahidu. The verbal form mujahadah signifies and carries the nuance of doing something in defiance of, or in opposition to someone. The true sense of the Qur'anic injunction 'strive hard' in the way of Allah is that the Muslims ought to use all their strength and engage in vigorous struggle against those forces which either forcefully prevent them from living in obedience to God or force them to live in obedience to others than God. It is this struggle which is likely to lead man to his true success and bring him to a close relationship with God.

This verse directs the believer to engage in a ceaseless, multifrontal struggle. On one side is the accursed Satan with his horde. Then comes the animal spirit of man, with its defiant and refractory desires. Then there are many men who have turned away from God, but with whom one is linked by social, cultural and economic ties. Then there are false religious, cultural and social systems which rest on rebellion against God and which force man to worship falsehood rather than Truth. These rebellious forces use different means to achieve their end, but those ends are always the same - to make men serve them rather than God. But man's true progress and his attainment of close communion with God depends entirely on his total obedience to God, on his serving God unreservedly in the inner as well as in the external aspects of his life. He cannot achieve this objective without engaging in simultaneous combat with all the forces which are defiant and rebellious towards God, carrying on an unceasing struggle against them and trampling down all obstructions to his advancement along God's path.

60. The injunction is to cut off one not both hands. There is consensus among jurists that in the event of the first theft the right hand should be cut off. This punishment has been laid down for theft alone. The Prophet (peace be on him) declared: "There is no cutting off of a hand for he who embezzles.' (Abu Da'ud, 'Hudud', 14; Tirmidhi, 'Hudud', 18; Ibn Majah, 'Hudud', 36; Nasa'i, 'Qat' al-Sariq', 13 - Ed.) This shows that the punishment prescribed for theft does not cover acts involving embezzlement and other dishonest practices. It is applicable only to acts involving the seizure, by stealth, of someone else's property.

The Prophet (peace be on him) also instructed that the punishment of cutting off a hand should not be applied in cases where the value of the article stolen is less than that of a shield. In the time of the Prophet (peace be on him) according to a tradition from Ibn 'Abbas, this was ten dirhams; according to a tradition from Ibn 'Umar, it was three dirhams; according to a tradition from Anas b. Malik, it was five dirhams; and according to another tradition from 'A'ishah, it was a quarter of a dinar. Owing to this discrepancy, there is disagreement among jurists regarding the minimum value of the goods stolen which merits the punishment of cutting off a hand. This value, according to Abu Hanifah, is ten dirhams whereas according to Malik, Shafi'i and Ahmad b. Hanbal, it is one quarter of a dinar (three dirhams). (For traditions on objects and amounts of things on which the hand of the thief is to be cut off, see Bukhari, 'Hudud', 13; Muslim, 'Hudud', 1-7; Abu Da'ud, 'Hudud', 12, 13; Tirmidhi, 'Hudud', 16; Nasa'i, 'Qat' al-Sariq', 5, 8-10 - Ed.)

Moreover, there are several things the theft of which would not necessitate cutting off a hand. The Prophet (peace be on him) directed, for instance, that no hand should be cut off if the stolen article was food. According to a tradition from 'A'ishah: '(The hand of) the thief was not cut off during the time of the Messenger of Allah for the theft of trivial things.' (Ahmad b. Hanbal, Musnad, vol. 3, p. 464; Darimi, 'Hudud', 4, 7 - Ed.) Furthermore, 'Ali and 'Uthman gave the judgement - and none of the Companions disagreed with it - that a person's hand should not be cut off for stealing birds. 'Umar and 'Ali did not cut off the hands of those who had stolen from the public treasury, and on this question no disagreement on the part of any Companion has been reported. On these grounds the founders of the schools of Islamic Law exempted certain things from the application of this penal injunction.

According to Abu Hanifah a man's hand should not be cut off for stealing vegetables, fruit, meat, cooked food, grain which is not stored in a barn, and instruments of music and play. Likewise, he is of the opinion that a hand should not be cut off for either stealing animals grazing in the forest or for stealing from the public treasury. The founders of the other schools of Islamic Law have also exempted the stealing of certain things from the punishment of cutting off a hand. But this exemption does not mean that the guilty parties should receive no punishment at all. (See the commentaries of Ibn Kathir, Ibn al-'Arabi, Qurtubi and Jassas on this verse. See also Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp. 441 ff. - Ed.)

61. Forgiveness on the part of Allah does not mean that the hand of the thief should not be cut off. It means rather that one who repents and becomes righteous by purging his soul of the sin of stealing will be spared the wrath of God, Who will remove the stain of that sin from him. But if after his hand has been cut off the person concerned does not purge himself of evil intent and continues to nurture the same impure feelings which led to his stealing and thus to the cutting off of his hand, it is evident that even though his hand has been severed from his body, stealing remains ingrained in his soul. The result will be that he will continue to merit God's wrath as he did before his hand was cut off. The Qur'an therefore directs the thief to seek pardon from God and to try to reform himself. For the hand of that thief was cut off for the sake of the judicious administration of human society and the cutting off of a hand did not automatically purify the soul of the person on whom the punishment was carried out. Purity of soul can be achieved only by repentance and turning oneself to God. Traditions mention that after the hand of a thief had been cut off in compliance with the Prophet's order, he was summoned by the Prophet (peace be on him) himself who said to him: 'Say: "I seek pardon from God, and to Him do I turn in repentance.'" The thief uttered these words as directed by the Prophet (peace be on him) who then prayed for the thief, saying: 'O God, accept his repentance.' (Abu Da'ud, 'Hudud', 8 - Ed.)

62. This verse refers to those who devoted all their capacities and efforts to ensure that the status quo ante of Jahiliyah remained intact, and that the reformative mission of Islam should fail to set right the corruption that had come down to them from the past. Disregarding all moral scruples, these people used the vilest methods against the Prophet (peace be on him). They deliberately suppressed the truth and resorted to lying, deceit, treachery and low cunning in order to frustrate the mission of the Prophet (peace be on him) who was engaged in a tireless struggle actuated by absolute selflessness and benevolence, and who sought the welfare of all human beings, including that of his opponents. All this naturally hurt the Prophet (peace be on him). A sincere person must feel heartbroken when he sees men of low moral character, driven by ignorance, blind selfishness and bigotry, resort to vile methods in opposition to his mission, which is actuated by charity and goodwill towards all men. Hence the purpose of God's directive here is not to ask the Prophet (peace be on him) to abstain from this natural feeling of grief but rather that he should not allow such feelings to undermine his morale and that he should persevere in his task. As for the opponents of the Prophet (peace be on him), in view of their low morals, their mean conduct was not at all contrary to expectations.

63. This has two meanings. First, that since such people are slaves to their desires they cannot have the least interest in the Truth, falsehood alone gratifies them. It is with falsehood alone that they like to fill their ears, for nothing else quenches the thirst of their souls. Second, it is the same love of falsehood which motivates them when they come and spend some time in the company of the Prophet (peace be on him) and the Muslims. They want to distort whatever they see or hear, to taint the facts with their fabrications, and then circulate them among those who have had no contact with the Prophet (peace be on him) and the Muslims in order to scandalize them.

64. This also has two meanings. First, that they socialized with the Prophet (peace be on him) and the Muslims in order to pry into their affairs and communicate them to the enemy. Second, that they went about collecting information to try to slander them. Their objective was to create misgivings about the Prophet (peace be on him) and the Muslims among those who were unacquainted with them.

65. They deliberately tamper with those injunctions of the Torah that do not accord with their desires, and by altering the meanings of the words occurring in the text they deduce laws that suit their interests.

66. This refers to the Jews who went about telling the ignorant masses that they should follow the teachings of the Prophet (peace be on him) only if they conformed to the teachings of the Jews.

67.God's will to put someone to the test means that God confronts one in whom He sees the growth of evil with the opportunities of doing just that, so that he experiences the struggle between good and evil. If the person is not yet fully inclined towards evil, his moral health improves and his latent potentialities for resisting evil are revived. But if he has become excessively inclined towards evil, and goodness has been totally crushed from within his being, then every such test is bound to entangle him still more tightly in evil. The well-wisher is now powerless to rescue him. It might be added that not only individuals but also nations are put to this kind of test.

68. God did not will that their hearts be purified for they themselves did not want them to be purified. It is not God's way to deprive of purity those who love it and strive for it; but God does not wish to purify those who do not seek their own purification.

69. Here pointed reference is made to judges and jurisconsults who accept false evidence and invent reports in order to issue verdicts contrary to justice and in favour of either those who bribe them or with whom their illegitimate interests lie.

70. Until then the Jews had not become full-fledged subjects of the Islamic state. Their relations with that state were based on agreements according to which the Jews were to enjoy internal autonomy, and their disputes were to be decided by their own judges and in accordance with their own laws. They were not legally bound to place their disputes either before the Prophet (peace be on him) for adjudication or before the judges appointed by him. But in cases where it appeared against their interests to have their disputes judged according to their own religious law they approached the Prophet (peace be on him) in the hope that the Prophet might have a different ruling.

The particular case referred to here was that of a woman belonging to a respectable family, who was found to be involved in an unlawful sexual relationship with a man. The punishment for this in the Torah was that both be stoned to death (see Deuteronomy 22: 23-4). But the Jews did not want to enforce this punishment. Hence they deliberated among themselves and decided to put the case before the Prophet (peace be on him), with the reservation that his judgement be accepted only if it was other than stoning. The Prophet (peace be on him) decided that the punishment should, in fact, be stoning. When the Jews declined to accept the judgement, the Prophet (peace be on him) asked their rabbis what punishment had been prescribed for such a case in their religion. They replied that it was to strike the culprit with lashes, to blacken the face and to make the person concerned ride on a donkey. The Prophet (peace be on him) asked them under oath if the Torah had indeed prescribed that as punishment for adultery committed by married men and women. They repeated the same false reply. However, one of them called Ibn Sawriya who, according to the Jews themselves, was the greatest living scholar of the Torah at that time, kept silent. The Prophet (peace be on him) asked him to state on oath in the name of God, Who had emancipated them from Pharaoh and had given them the Law, whether the punishment for adultery provided for in the Torah was what they had mentioned. He replied: 'Had you not put me under such a heavy oath, I would not have volunteered the correct information. The fact is that the prescribed punishment for adultery is indeed stoning, but when adultery became common among us our rulers adopted the rule that when respectable people committed adultery they were left unpunished, whereas when ordinary people were convicted they were punished by stoning. Later on when this caused resentment among the common people we altered the law of the Torah and adopted the rule that adulterers and adulteresses would be lashed, their faces would be blackened, and they would be made to ride on donkeys, seated in a backward-looking position.' This left the Jews with nothing to say and the adulterer and adulteress were, in accordance with the order of the Prophet (peace be on him), stoned to death. (Ibn Kathir, Tafsir, vol. 3, pp. 574-5 - Ed.)

71. In this verse, God unmasks completely the dishonesty of these people. It shows how these so-called religious people who had cast the spell of their religious piety and knowledge of the Scriptures over the whole of Arabia had set aside a categorical injunction of the book which they themselves recognized to be the Book of God, and which they professed to believe in. They had referred that judicial case to the Prophet (peace be on him) for his decision even though they vehemently denied his prophethood. This made it quite clear that there was nothing to which they subscribed sincerely. Their true religion consisted merely of worshipping their interests and desires. They were ready to turn their backs upon the very book which they recognized as the Book of God merely because some of its injunctions were unpalatable to them, and in such cases they did not mind approaching one whom they regarded as an imposter (may God be our refuge from such a blasphemy) in the hope that they might be able to obtain a judgement to their liking.