121. See for this (Surah al-Baqarah 2: 173),
(Surah al-Md'idah 5: 3) and
(Surah al-Nahl 16: 115.) The slight difference between this verse and
(Surah al-Baqarah 2:173 )is that whereas the latter mentions 'blood' as prohibited, the present
verse qualifies it with 'outpoured', i.e. the blood which has flowed as a result
of either injuring or slaughtering an animal. This, in fact, constitutes an
elucidation of the former injunction rather than the revelation of a different
one. Likewise,( Surah al-Ma'idah 5: 3 )mentions the prohibition of certain other
categories - animals strangled or killed by blows, those which have died from
either falling or goring, and those devoured by a beast of prey, in addition
to the four classes mentioned here. This is not an independent, divergent injunction;
it is rather an explanation signifying that the animals thus killed fall into
the category of 'carrion'.
There is a group of Muslim jurists who believe that prohibition is confined
to these four classes of animal food, and that the eating of everything else
is lawful. This was also the view of 'Abd Allah b. 'Abbas and 'A'ishah. Several
traditions, however, indicate that the Prophet (peace be on him) either told
people not to eat certain things or expressed his disapproval at their eating
them, for example, domesticated donkeys, beasts with canine teeth and birds
with claws. It is for this reason that the majority of jurists do not consider
prohibition confined to these four classes but extend it to several others.
These jurists disagree, however, on which of those things are unlawful and which
are lawful. Abu Hanifah, Malik and Shafi'i, for example, consider domesticated
donkeys to be unlawful. Others argue that the Prophet (peace be on him) forbade
them on a special occasion and because of a special reason. To cite another
example, the Hanafi jurists hold wild beasts, birds of prey and animals which
feed on carrion to be absolutely unlawful, whereas Milik and Awza'i hold birds
of prey to be lawful. Layth considers the cat to be lawful. In the same way,
Shafi'i considers prohibition to be confined only to those beasts which actually
attack man, such as lion, wolf, tiger and so on. In the opinion of another jurist,
'Ikrimah, both crow and badger are lawful. Likewise, whereas the Hanafi jurists
declare all crawling creatures to be prohibited, Ibn Abi Layla, Malik and Awza'i
hold the snake to be lawful.
Upon reflection of these divergent opinions and the arguments adduced in support
of them, it becomes clear that categorical prohibition embraces only those four
classes mentioned in the Qur'an. As for other types of animal food, regarding
which the jurists have expressed a negative view, they seem to carry varying
degrees of religious disapprobation. The things whose disapprobation is established
by statements of the Prophet (peace be on him) transmitted to us through sound
traditions, are relatively close to 'prohibition'. As for things regarding which
them is disagreement among jurists, their religious disapprobation becomes doubtful.
Temperamental dislike, however, is quite a different matter. The Law Of God
does not force anyone to eat everything which is not prohibited. At the same
time, the Law does not entitle anybody to exalt his personal likes and dislikes
into a criterion of what is lawful and unlawful. No one is justified in reproaching
others for consuming lawful things which offend his tastes.
122. This is discussed at three places in the Qur'an.
(Surah AI 'Imran 3:93 )
states: 'All food was lawful to the Children of Israel except what Israel made
unlawful to themselves before the revelation of the Torah. Tell them: "Bring
the Torah and recite any passage of it if you are truthful".'
(Surah al-Nisa' 4:160) mentions that because of the misdeeds of the Children of Israel: 'We forbade
them many clean things which had earlier been made lawful to them.' And now
the present verse says that because of the transgression of the Jews, God forbade
unto them 'all beasts with claws; and the fat of oxen and the sheep except the
fat which is either on their backs or their entrails or that which sticks to
the bones'. If these three verses are taken together, it becomes clear that
the differences between Islamic law and Jewish law with regard to what is lawful
and what is unlawful in animal foods stem from two considerations. First, that
several centuries before the revelation of the Torah, Isra'il (Jacob, peace
be on him) had given up the use of certain things, which his descendants also
abstained from consuming. The result was that Jewish jurists considered them
to be absolutely unlawful and recorded their prohibition in the Torah. They
included the camel, the hare and the rock-badger, the prohibition of which is
mentioned in the fragments of the Torah embodied in the Bible. (See Leviticus
ll: 4; Deuteronomy 14: 7) But the Our'an challenges the Jews to come forward
with the Torah itself and show where any of those things had been declared unlawful.
Their inability to do so shows that those interdictions must have been later
interpolations into the Torah.
Second, when the Jews rebelled against the Law revealed by God and set themselves
up as their own law-givers, they made several things unlawful for themselves,
and as a punishment God allowed them to remain a prey to that misunderstanding.
These include birds with claws such as the ostrich, seagull and water-hen, and
also the fat of oxen and sheep. In the Bible prohibitions of these kinds have
been interpolated among the injunctions of the Torah. (See Leviticus 3:17; 7:22-3;
ll:16-18; Deuteronomy 14:14-16.) But
(Surah al-Nisa' 4:160) shows that those things
had not been made unlawful by the Torah itself. They had rather been prohibited
after the time of Jesus, and history bears witness to the fact that the present
Jewish law was given a definitive formulation by the Jewish jurist, Yehudah,
towards the end of the second century of the Christian calendar.
It might be asked in view of what has been mentioned above, why the expression
'We forbade for them' is employed in
(Surah al-Nisa' 4:160) The answer is that
declaration through a Prophet or a heavenly Book is not God's only way of prohibiting.
Another way is to allow fraudulent law-makers and sham jurists to gain predominating
influence upon God's rebels. These in turn deprive them of many good, clean
things of life by making them believe that they are prohibited. The first kind
of prohibition is an act of His mercy, whereas the second kind is in the nature
of a curse and punishment from God.
123. If they could still give up their disobedience and return to the true service of God, they would find Him ready to embrace them with His mercy. But if they persisted, they should remember that no one could save them from His wrath.
124. Their apology for their crimes and misdeeds would be that which has always been advanced by criminals and wrong-doers - an apology based on the assumption of absolute determinism. They would plead that when they associated others with God in His divinity, or unwarrantedly regarded certain things as prohibited, they did so because those acts had been willed for them by God. Had He not so willed, they would not have been able to do what they did. Hence, since they were doing everything according to the will of God, everything was proper. If anyone was to blame, it was God and not they. They were under compulsion to do what they did, for the ability to do otherwise lay beyond their power.
125. This provides a complete refutation of their apology. In order to appreciate
it fully, careful analysis is required. In the first place they are told that
citing God's will to justify one's errors and misdeeds, and making it a pretext
for refusing to accept true guidance was the practice of the evil-doers before
them. But they should remember that this had led to their ruin and they themselves
were witnesses to the evil consequences of deviation from the Truth.
Furthermore, it is being clarified that the plea of the unbelievers that the
only reason for their error was that God had not willed that they be guided
to the Truth, is based on fancy and conjecture rather than on sound knowledge.
They refer to God's will without understanding the relationship between God's
will and man's action. They entertain the misconception that if a man commits
theft under the will of God, that does not mean that he will not be reckoned
a criminal. For the fact is that whichever path a man chooses, be it that of
gratitude or ungratitude to God of guidance or error, obedience or disobedience,
God will open that path for him, and thereafter God will permit and enable him
within the framework of His universal scheme, and to the extent that He deems
fit - to do whatever he chooses to do whether it is right or wrong.
If their forefathers had been enabled by God's will to associate others with
Him in His divinity and prohibit clean things, that did not mean that they were
not answerable for their misdeeds. On the contrary, everyone will be held responsible
for choosing false ways, for having a false intent, and for having striven for
false ends.
The crucial point is succinctly made at the end in the words: 'Then say to-
them, (As against your argument) Allah's is the conclusive argument. Surely,
had He willed, He would have guided you all to the Truth.' The argument which
they put forward, viz. 'If Allah had willed, neither we nor our forefathers
could have associated others with Allah in His divinity', does not embody the
whole truth. The whole truth is that 'had He willed, He would have guided you
all to the Truth'. In other words, they were not prepared to take the Straight
Way of their own choice and volition. As it was not God's intent to create them
with inherent right guidance like the angels, they would be allowed to persist
in the error they had chosen for themselves.