5:93 Al-Maaida (The Table)

لما نزل تحريم الخمر والنهي الأكيد والتشديد فيه، تمنى أناس من المؤمنين أن يعلموا حال إخوانهم الذين ماتوا على الإسلام قبل تحريم الخمر وهم يشربونها. فأنزل الله هذه الآية، وأخبر تعالى أنه { لَيْسَ عَلَى الَّذِينَ آمَنُوا وَعَمِلُوا الصَّالِحَاتِ جُنَاحٌ } أي: حرج وإثم { فِيمَا طَعِمُوا } من الخمر والميسر قبل تحريمهما. ولما كان نفي الجناح يشمل المذكورات وغيرها، قيد ذلك بقوله: { إِذَا مَا اتَّقَوْا وَآمَنُوا وَعَمِلُوا الصَّالِحَاتِ } أي: بشرط أنهم تاركون للمعاصي، مؤمنون بالله إيمانا صحيحا، موجبا لهم عمل الصالحات، ثم استمروا على ذلك. وإلا فقد يتصف العبد بذلك في وقت دون آخر. فلا يكفي حتى يكون كذلك حتى يأتيه أجله، ويدوم على إحسانه، فإن الله يحب المحسنين في عبادة الخالق، المحسنين في نفع العبيد، ويدخل في هذه الآية الكريمة، من طعم المحرم، أو فعل غيره بعد التحريم، ثم اعترف بذنبه وتاب إلى الله، واتقى وآمن وعمل صالحا، فإن الله يغفر له، ويرتفع عنه الإثم في ذلك.

قال أحمد بن حنبل حدثنا أسود بن عامر حدثنا إسرائيل عن سماك عن عكرمة عن ابن عياش قال لما حرمت الخمر قال ناس يا رسول الله أصحابنا الذين ماتوا وهم يشربونها فأنزل الله" ليس على الذين آمنوا وعملوا الصالحات جناح فيما طعموا" إلى آخر الآية ولما حولت القبلة قال ناس: يا رسول الله إخواننا الذين ما توا وهم يصلون إلى بيت المقدس فأنزل الله" وما كان الله ليضيع إيمانكم" وقال الإمام أحمد حدثنا داود بن مهران الدباغ حدثنا داود يعني العطار عن أبي خيثم عن شهر بن حوشب عن أسماء بنت يزيد أنها سمعت النبي صلى الله عليه وسلم يقول:" من شرب الخمر لم يرض الله عنه أربعين ليلة إن مات مات كافرا وإن تاب تاب الله عليه وإن عاد كان حقا على الله أن يسقيه من طينة الخبال" قالت: قلت يا رسول الله وما طينة الخبال ؟ قال:" صديد أهل النار " وقال الأعمش عن إبراهيم عن علقمة عن عبد الله بن مسعود أن النبي صلى الله عليه وسلم قال: لما نزلت" ليس على الذين آمنوا وعملوا الصالحات جناح فيما طعموا إذا ما اتقوا وآمنوا" فقال النبي صلى الله عليه وسلم قيل لي أنت منهم وهكذا رواه مسلم والترمذي والنسائي من طريقه وقال عبد الله ابن الإمام أحمد قرأت على أبي حدثنا علي بن عاصم حدثنا إبراهيم الهجري عن أبي الأحوص عن عبد الله بن مسعود قال: قال رسول الله صلى الله عليه وسلم:" إياكم وهاتان الكعبتان الموسومتان اللتان تزجران زجرا فإنهما ميسر العجم.

Prohibiting Khamr (Intoxicants) and Maysir (Gambling)

Allah forbids His believing servants from consuming Khamr and Maysir which is gambling. Ibn Abi Hatim recorded that `Ali bin Abi Talib, the Leader of the Faithful, said that chess is a type of gambling. Ibn Abi Hatim recorded that `Ata', Mujahid and Tawus, or , two of them, said that every type of gambling, including children's playing with (a certain type of) nuts, is Maysir. Ibn `Umar said that Al-Maysir means gambling, and this is the same statement that Ad-Dahhak reported from Ibn `Abbas, who added, "They used to gamble during the time of Jahiliyyah, until Islam came. Allah then forbade them from this evil behavior."

Meaning of Ansab and Azlam

Al-Ansab were altar stones, in whose vicinity sacrifices were offered (during the time of Jahiliyyah), according to Ibn `Abbas, Mujahid, `Ata', Sa`id bin Jubayr and Al-Hasan. They also said that Al-Azlam were arrows that they used for lotteries to make decisions, as Ibn Abi Hatim narrated. Allah said,

رِجْسٌ مِّنْ عَمَلِ الشَّيْطَـنِ

(A Rijs of Shaytan's handiwork) meaning, abomination of Shaytan's handiwork, according to `Ali bin Abi Talhah who reported it from Ibn `Abbas. Sa`id bin Jubayr said that Rijs means `sin' while Zayd bin Aslam said; "An evil handiwork of Shaytan."

فَاجْتَنِبُوهُ

(So avoid that) avoid all of these abominations,

لَعَلَّكُمْ تُفْلِحُونَ

(in order that you may be successful.) and this is a statement of encouragement. Allah said next,

إِنَّمَا يُرِيدُ الشَّيْطَـنُ أَن يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَآءَ فِى الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَن ذِكْرِ اللَّهِ وَعَنِ الصَّلَوةِ فَهَلْ أَنْتُمْ مُّنتَهُونَ

(Shaytan wants only to excite enmity and hatred between you with Khamr (intoxicants) and Maysir (gambling), and hinder you from the remembrance of Allah and from the Salah (the prayer). So, will you not then abstain) This is a threat and a warning.

Hadiths that Prohibit Khamr (Intoxicants)

Imam Ahmad recorded that Abu Hurayrah said, "There were three stages to prohibiting Khamr (intoxicants). When the Messenger of Allah ﷺ migrated to Al-Madinah, the people were consuming alcohol and gambling, so they asked the Messenger of Allah ﷺ about these things, Allah revealed,

يَسْـَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَآ إِثْمٌ كَبِيرٌ وَمَنَـفِعُ لِلنَّاسِ

(They ask you about alcoholic drink and gambling. Say: "In them is a great sin, and (some) benefit for men.")2:219, until the end of the Ayah. The people said, `They (intoxicants and gambling) were not prohibited for us. Allah only said,

فِيهِمَآ إِثْمٌ كَبِيرٌ وَمَنَـفِعُ لِلنَّاسِ

(In them is a great sin, and (some) benefit for men.)' So they went on drinking Khamr until one day, one of the emigrants lead his companions in the Maghrib prayer and mixed up the Ayat in his recitation. Thereafter, Allah sent down a tougher statement,

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَقْرَبُواْ الصَّلَوةَ وَأَنتُمْ سُكَـرَى حَتَّى تَعْلَمُواْ مَا تَقُولُونَ

(O you who believe! Approach not the Salah (the prayer) when you are in a drunken state until you know (the meaning of) what you utter.)4:43 xThen, the people would drink before the time of the prayer so that they would attend the prayer while sober. A firmer Ayah was later revealed,

يَـأَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالاٌّنصَابُ وَالاٌّزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَـنِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

(O you who believe! Khamr, Maysir, Ansab, and Azlam are an abomination of Shaytan's handiwork. So avoid that in order that you may be successful.)5:90-91 So they said, `We abstained, O Lord!' Later, some people said, `O Allah's Messenger! Some people died in the cause of Allah, while some others died in their beds, but they used to drink alcohol and indulge in gambling, which Allah has made a Rijs of the work of Shaytan.' So Allah sent down,

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ جُنَاحٌ فِيمَا طَعِمُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate...) 5:93, until the end of the Ayah. The Prophet said,

«لَوْ حُرِّمَ عَلَيْهِمْ لَتَرَكُوهُ كَمَا تَرَكْتُم»

(Had they been made impermissible for them, they would have abandoned them as you have abandoned them.) Ahmad recorded this Hadith. Imam Ahmad recorded that `Umar bin Al-Khattab said, "O Allah! Explain the verdict about Khamr to us clearly." The Ayah in Surat Al-Baqarah was revealed,

يَسْـَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَآ إِثْمٌ كَبِيرٌ

(They ask you about alcoholic drink and gambling. Say: "In them is a great sin.")2:219 `Umar was summoned and this Ayah was recited to him, but he still said, "O Allah! Make the verdict of Khamr clear to us." Then the Ayah in Surat An-Nisa' was revealed,

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَقْرَبُواْ الصَّلَوةَ وَأَنتُمْ سُكَـرَى

(O you who believe! Do not approach the Salah when you are in a drunken state.)4:43 Thereafter, the Prophet had someone herald when it was time to pray, "Those in a drunken state are not to approach the prayer." `Umar was again summoned and the Ayah was recited to him, but he still said, "O Allah! Make the verdict concerning Khamr clear to us." Then, the Ayah in Surat Al-Ma'idah 5:91 was revealed, and `Umar was summoned and it was recited to him. When he reached the part of the Ayah that reads,

فَهَلْ أَنْتُمْ مُّنتَهُونَ

(So, will you not then abstain)5:91, `Umar said, "We abstained, we abstained." Abu Dawud, At-Tirmidhi, and An-Nasa'i recorded this Hadith. `Ali bin Al-Madini and At-Tirmidhi graded it Sahih. It is recorded in the Two Sahihs, that `Umar bin Al-Khattab said in a speech; while standing on the Minbar of the Messenger of Allah ﷺ (in the Prophet's Masjid in Al-Madinah) "O people! The prohibition of Khamr was revealed; and Khamr was extracted from five things: From grapes, dates, honey, wheat and barley. Khamr is what intoxicates the mind." Al-Bukhari recorded that Ibn `Umar said, "The prohibition of Khamr was revealed when there were five kinds of intoxicants in Al-Madinah, besides what was produced from grapes."

Another Hadith

Imam Ahmad recorded that Anas said, "I once was giving an alcoholic beverage to Abu `Ubaydah bin Al-Jarrah, `Ubayy bin Ka`b, Suhayl bin Bayda' and several of their friends meeting at Abu Talhah's house. When they were almost intoxicated, some Muslims came and said, `Did you not know that Khamr has been prohibited' They said, `We'll wait and ask.' They then said, `O Anas! Spill the remaining alcohol out of your container.' By Allah! They never drank it again, and their Khamr at that time was made from unripe and normal dates."' This is also recorded in the Two Sahihs. In another narration by Anas, "I was the butler of the people in the house of Abu Talhah when Khamr was prohibited, and in those days alcohol was made from unripe and normal dates. A caller then heralded, and Abu Talhah ordered me to see what it was about. So I found that a person was announcing that alcoholic drinks had been prohibited. Abu Talhah ordered me to go out and spill the wine. I went out and spilled it, and it flowed in the streets of Al-Madinah. Some people said, `Some people were killed and wine was still in their stomachs.' Later on, Allah's revelation came,

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ جُنَاحٌ فِيمَا طَعِمُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate...)5:93." Ibn Jarir recorded that Anas bin Malik said, "I was serving Abu Talhah, Abu `Ubaydah bin Al-Jarrah, Abu Dujanah, Mu`adh bin Jabal and Suhayl bin Bayda', until they became intoxicated from an alcoholic drink made of mixed unripe and normal dates. Then I heard someone herald, `Khamr has been made illegal.' So no one went in or out until we spilled the alcohol and broke its barrels. Some of us then performed ablution and others took a shower, and we wore some perfume. We then went out to the Masjid while the Messenger of Allah ﷺ was reciting,

يَـأَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالاٌّنصَابُ وَالاٌّزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَـنِ فَاجْتَنِبُوهُ

(O you who believe! Khamr, Maysir, Ansab, and Azlam are only an abomination of Shaytan's handiwork. So avoid that...)5:90, until,

فَهَلْ أَنْتُمْ مُّنتَهُونَ

(So, will you not then abstain)5:91. A man asked, `O Allah's Messenger! What about those who died drinking it' Allah sent down the verse,

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ جُنَاحٌ فِيمَا طَعِمُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate.)5:93."

Another Hadith

Imam Ahmad recorded that Ibn `Umar said that the Messenger of Allah ﷺ said,

«لُعِنَتِ الْخَمْرُ عَلى عَشْرَةِ أَوْجُهٍ: لُعِنَتِ الْخَمْرُ بِعَيْنِهَا، وَشَارِبُهَا، وَسَاقِيهَا، وَبَائِعُهَا، وَمُبْتَاعُهَا، وَعَاصِرُهَا، وَمُعْتَصِرُهَا، وَحَامِلُها، وَالْمَحْمُولَةُ إِلَيْهِ، وَآكِلُ ثَمَنِهَا»

(Ten matters related to Khamr were cursed. Khamr itself was cursed, whoever drinks it, its server, seller, buyer, brewer, who asks for it to be brewed, whoever carries it, whomever it is carried to and whoever consumes its price.) Abu Dawud and Ibn Majah recorded this Hadith. Ahmad recorded that Ibn `Umar said, "Once, the Messenger of Allah ﷺ went out and I went out with him. I walked to his right, but Abu Bakr came along and I gave way to him, and Abu Bakr was walking on the Prophet's right, while I was walking on his left. Then `Umar came along and he was walking on the Prophet's left, since I gave way to him. The Messenger of Allah ﷺ then found a leather skin hanging containing alcohol, so he asked for a knife and ordered that the skin be cut open. He then said,

«لُعِنَتِ الْخَمْرُ وَشَارِبُهَا، وَسَاقِيهَا، وَبَائِعُهَا، وَمُبْتَاعُهَا، وَحَامِلُهَا، وَالْمَحْمُولَةُ إِلَيْهِ، وَعَاصِرُهَا وَمُعْتَصِرُهَا، وَآكِلُ ثَمَنِهَا»

(Khamr was cursed, and so are those who drink it, serve it, sell it, buy it, carry it, have it carried to them, brew it, have it brewed and consume its price.)"

Another Hadith

Al-Hafiz Abu Bakr Al-Bayhaqi recorded that Sa`d said, "There were four Ayat revealed about Khamr..." He then said, "A man from Al-Ansar made some food and invited us. We drank Khamr before it was prohibited and became intoxicated, and thus started to boast about our status. The Ansar said that they were better, while Quraysh (the Muhajirin) said that they were better. So a man from the Ansar took a bone and struck Sa`d's nose with it and made a flesh wound on it. Ever since that happened, Sa`d's nose had a scar from that wound. The Ayah,

إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ

(Intoxicants, gambling,) until,

فَهَلْ أَنْتُمْ مُّنتَهُونَ

(So, will you not then abstain) was later revealed." Muslim recorded this Hadith.

Another Hadith

Ibn Abi Hatim recorded that `Abdullah bin `Amr said, "This Ayah in the Qur'an,

يَـأَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالاٌّنصَابُ وَالاٌّزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَـنِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

(O you who believe! Khamr, Maysir, Ansab, and Azlam are only an abomination of Shaytan's handiwork. So avoid that in order that you may be successful.)5:90, was also in the Tawrah; `Allah has sent down truth to eradicate falsehood, joyful play, flute or wind instruments, Zafan (dances) and Kibarat (refering to cabarets using the lute and bagpipe), tambourine, guitar, harp and lyric and love poetry. And Khamr is bitter for those who taste it. Allah has vowed by His grace and power, `Whoever drinks it after I prohibited it, I will make him thirsty on the Day of Resurrection. Whoever abandons it after I prohibited it, I will let him taste it in the residence of Grace (Paradise)."' Its chain of narration is Sahih

Another Hadith

Ash-Shafi`i narrated that Malik narrated that Nafi` said that Ibn `Umar said that the Messenger of Allah ﷺ said,

«مَنْ شَرِبَ الْخَمْرَ فِي الدُّنْيَا ثُمَّ لَمْ يَتُبْ مِنْهَا حُرِمَهَا فِي الآخِرَة»

(Whoever drinks Khamr in the life of this world and does not repent from it, will be deprived of it in the Hereafter.) Al-Bukhari and Muslim recorded this Hadith. Muslim recorded that Ibn `Umar said that the Messenger of Allah ﷺ said,

«كُلُّ مُسْكِرٍ خَمْرٌ، وَكُلُّ مُسْكِرٍ حَرَامٌ، وَمَنْ شَرِبَ الْخَمْرَ فَمَاتَ وَهُوَ يُدْمِنُهَا وَلَمْ يَتُبْ مِنْهَا، لَمْ يَشْرَبْهَا فِي الْآخِرَة»

(Every intoxicant is Khamr, and every intoxicant is unlawful. Whoever drinks Khamr and dies while addicted to it, without repenting from drinking it, will not drink it in the Hereafter.) `Abdur-Rahman bin Al-Harith bin Hisham said that he heard `Uthman bin `Affan saying, "Avoid Khamr, for it is the mother of all sins. There was a man before your time who used to worship Allah secluded from the people. Later, an evil woman loved him and sent her female servant to him saying that they wanted him to witness something. So he went with the servant. Whenever they went through the door, she locked it behind them, until he reached a beautiful woman with a young servant boy and some alcohol. She said to him, `By Allah! I did not invite you to be a witness for anything, but called you to have sex with me, kill this boy or drink this alcohol.' So she gave him some alcohol, and he kept asking for more until he became intoxicated and had sex with her and killed the boy. Therefore, avoid Khamr, because it is never combined with faith, but one of them is bound to expel the other (from the heart)." This was recorded by Al-Bayhaqi. This statement has an authentic chain of narration. Abu Bakr bin Abi Ad-Dunya recorded this statement in his book on the prohibition of intoxicants, but he related it from the Prophet. Relating it from `Uthman is more authentic, and Allah knows best. Ahmad bin Hanbal recorded that Ibn `Abbas said, "When Khamr was prohibited, some people said, `O Allah's Messenger! What about our brethren who died while still drinking Khamr' Allah sent down the Ayah

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ جُنَاحٌ فِيمَا طَعِمُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate,) until the end of the Ayah. When the Qiblah (direction of the prayer) was changed (from Jerusalem to Makkah), some people asked, `O Allah's Messenger! What about our brethren who died while still praying toward Jerusalem' Allah sent down,

وَمَا كَانَ اللَّهُ لِيُضِيعَ إِيمَـنَكُمْ

(And Allah would never make your faith to be lost.)"2:143 `Abdullah bin Mas`ud said that the Prophet said when the Ayah,

لَيْسَ عَلَى الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ جُنَاحٌ فِيمَا طَعِمُواْ إِذَا مَا اتَّقَواْ وَءامَنُواْ

(Those who believe and do righteous good deeds, there is no sin on them for what they ate, if they have Taqwa, and believe...) was revealed,

«قِيلَ لِي: أَنْتَ مِنْهُم»

(I was told, that you are among them.) This is the narration that Muslim, At-Tirmidhi and An-Nasa'i collected.

إِذَا مَا اتَّقَواْ وَّآمَنُواْ وَعَمِلُواْ الصَّالِحَاتِ ثُمَّ اتَّقَواْ وَّآمَنُواْ ثُمَّ اتَّقَواْ وَّأَحْسَنُواْ وَاللّهُ يُحِبُّ الْمُحْسِنِينَ ٩٣

if they have Taqwa and believe and do righteous good deeds, and they (again) have Taqwa and believe, and then (once again) have Taqwa and perform good. And Allah loves the good-doers.

Those who believe and perform righteous deeds are not at fault in what they may have consumed of wine and indulged in of gambling before the prohibition so long as they fear the forbidden things and believed and performed righteous deeds and then were God-fearing and believed and then adhered to fear of God and belief and then were God-fearing and virtuous in deeds; God loves the virtuous meaning that He will reward them.

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 ﷺ 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.

(There shall be no sin (imputed) unto those who believe and do good works for what they may have eaten (in the past)) [5:93]. Muhammad ibn �Abd al-Rahman al-Mutawwi�i informed us> Abu �Amr Muhammad ibn Ahmad al-Hiri> Abu Ya�la> Abu�l-Rabi� Sulayman ibn Dawud al-�Ataki> Hammad> Thabit> Anas who said: �I was serving people wine in the house of Abu Talhah when intoxicants were made unlawful. Their wine was made from unripe dates, split unripe dates and dates. We heard a crier announcing that intoxicants were made unlawful. And so wine started flowing in the streets of Medina. Abu Talhah said: �Go out and spill it�, and so I spilled it. But then one of the people said: �So-and-so and so-and-so were killed with wine in their bellies�. As a result, Allah, exalted is He, revealed (There shall be no sin (imputed) unto those who believe and do good works for what they may have eaten (in the past))�. Narrated by Muslim from Abu�l-Rabi� and by Bukhari from Abu Nu�man and both Abu�l-Rabi� and Abu Nu�man narrated it from Hammad. Abu �Abd Allah Muhammad ibn Ibrahim al-Muzakki informed us> Abu �Amr ibn Matar> Abu Khalifah> Abu�l-Walid Shu�bah> Abu Ishaq> al-Bara� ibn �Azib who said: �A group of Companions of the Prophet, Allah bless him and give him peace, died while still drinking wine. When intoxicants were made unlawful, some said: �What will happen to our companions? They have died while still drinking wine�. And so this verse was revealed: (There shall be no sin (imputed) unto those who believe and do good works for what they may have eaten (in the past))�.