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.