CHAPTER 5, VERSES 94-99
يَا أَيُّهَا الَّذِينَ آمَنُوا لَيَبْلُوَنَّكُمُ اللَّـهُ بِشَيْءٍ مِّنَ الصَّيْدِ تَنَالُهُ أَيْدِيكُمْ وَرِمَاحُكُمْ لِيَعْلَمَ اللَّـهُ مَن يَخَافُهُ بِالْغَيْبِۚ
فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ ﴿٩٤﴾ يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنتُمْ حُرُمٌۚ
وَمَن قَتَلَهُ مِنكُم مُّتَعَمِّدًا فَجَزَاءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنكُمْ هَدْيًا بَالِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَاكِينَ أَوْ عَدْلُ ذَٰلِكَ صِيَامًا لِّيَذُوقَ وَبَالَ أَمْرِهِۗ
عَفَا اللَّـهُ عَمَّا سَلَفَۚ
وَمَنْ عَادَ فَيَنتَقِمُ اللَّـهُ مِنْهُۗ
وَاللَّـهُ عَزِيزٌ ذُو انتِقَامٍ ﴿٩٥﴾ أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَّكُمْ وَلِلسَّيَّارَةِۖ
وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًاۗ
وَاتَّقُوا اللَّـهَ الَّذِي إِلَيْهِ تُحْشَرُونَ ﴿٩٦﴾ جَعَلَ اللَّـهُ الْكَعْبَةَ الْبَيْتَ الْحَرَامَ قِيَامًا لِّلنَّاسِ وَالشَّهْرَ الْحَرَامَ وَالْهَدْيَ وَالْقَلَائِدَۚ
ذَٰلِكَ لِتَعْلَمُوا أَنَّ اللَّـهَ يَعْلَمُ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْضِ وَأَنَّ اللَّـهَ بِكُلِّ شَيْءٍ عَلِيمٌ ﴿٩٧﴾ اعْلَمُوا أَنَّ اللَّـهَ شَدِيدُ الْعِقَابِ وَأَنَّ اللَّـهَ غَفُورٌ رَّحِيمٌ ﴿٩٨﴾ مَّا عَلَى الرَّسُولِ إِلَّا الْبَلَاغُۗ
وَاللَّـهُ يَعْلَمُ مَا تُبْدُونَ وَمَا تَكْتُمُونَ ﴿٩٩﴾
O you who believe! Allãh will certainly try you in respect of some game which your hands and your lances can reach, that Allãh might know who fears Him in secret; but whoever exceeds the limit after this, he shall have a painful punishment (94). O you who believe! Do not kill game while you are in the pilgrim garb, and whoever among you shall kill it intentionally, the compensation (of it) is the like of what he killed, from the cattle, as two just persons among you shall judge, as an offering to be brought to the Ka‘bah or the expiation (of it) is the feeding of the poor or the equivalent of it in fasting, that he may taste the unwholesome result of his deed; Allãh has pardoned what is gone by; and whoever returns (to it), Allãh will inflict retribu-tion on him; and Allãh is Mighty, Lord of Retribution (95). Lawful to you is the game of the sea and its food, a provision for you and for the travellers, and the game of the land is for-bidden to you so long as you are in the pilgrim garb, and fear Allãh, to Whom you shall be gathered (96). Allãh has made the Ka‘bah, the Sacred House, a sanctuary for the people, and the sacred month and the offerings and the (animals with the) gar-lands; this is that you may know that Allãh knows whatever is in the heavens and whatever is in the earth, and that Allãh is the Knower of all things (97). Know that Allãh is severe in requit-ing (evil) and that Allãh is Forgiving, Merciful (98). Nothing is (incumbent) on the Messenger but to deliver (the message), and Allãh knows what you reveal and what you hide (99).
* * * * *
COMMENTARY
The verses describe the law regarding the game of land and sea when a man is in the state of sanctity, wearing the robes of pilgrims.
QUR’ÃN:
O you who believe! Allãh will certainly try you in respect of some game which your hands and your lances can reach:al-Balã’
(اَلْبَلَاءُ
= test, trial);layabluwannakum
(لَيَبْلُوَنَّكُم
= will certainly try you);la
(لاَ
) is for oath, which together with the doubling ofn
(ن
) connotes emphasis and intensity. The word: “some game”, indicates insignificance, in order that it would help the audience to comply with the coming prohibition. The clause: “which your hands and your lances can reach”, includes in its ambit game which can be caught easily by hand, like young birds, cubs of wild animals and eggs; or with difficulty like big games that usually cannot be hunted except with arms.
This verse apparently aims at paving the way for the severe law which follows in the next one; and that is the reason that this clause is followed by the words: that Allãh might know who fears Him in secret; as it indicates that the ensuing law would be prohibitive; then comes the concluding statement: but whoever exceeds the limit after this he shall have a painful punishment.
QUR’ÃN:
that Allãh might know who fears Him in secret; . .: It is not unlikely that the divine words: “Allãh will certainly try you . that Allãh might know”, allude to the fact that He will certainly fore-ordain it in order to distinguish those of you who fear Allãh in secret from those who do not fear Him. Obviously, Allãh is not afflicted by ignorance, which should be removed by knowledge! A full explanation of the meaning of test has been given under the verse: Do you think that you will enter the garden . (3:142), in the fourth volume of this book
; and also another meaning of knowledge was given earlier. As for the clause: “who fears Him in secret”, the adverb: “in secret”, is related to: “fears”; fearing in secret indicates that man fears his Lord and is cautious of the next world's punishment and its sufferings which the Lord has warned him of; all those aspects are unseen for man, and he does not perceive any part of it with his five senses. Allãh says: You can only warn him who follows the reminder and fears the Beneficent God in secret; . (36:11); And the garden shall be brought near to those who guard (against evil), not far off: This is what you were promised, for every one who turns frequently (to Allãh), keeps (his limits); who fears the Beneficent God in secret and comes with a patient heart (50:31-33); Those who fear their Lord in secret and they are fearful of the hour (21:49).
The clause: “but whoever exceeds the limit after this”, means: Whoever exceeds the limit which Allãh fixes for him after the said test and trial, shall have a painful chastisement.
QUR’ÃN:
O you who believe! Do not kill game while you are in the pilgrim garb, . may taste the unwholesome result of his deed:al-hurum
(اَلْحُرُم
= in the pilgrim garb. It is asifah mushabbahah
(صِفَة مُشَبَّهَة
= adjective which resembles a verb). [at-Tabrisī] writes: “Harãm and muhrim both have the same meaning; likewise the opposite halãl and muhill have the same meaning; ahrama'r-rajul
(اَحْرَمَ الرَّجُلُ
= 'The man entered into sacred month.'), also it means: 'He entered into the Sanctuary.' Also,ahrama
(اَحْرَمَ
) means: 'He entered into hajj (by sayingtalbiyah
تَلْبِيَة
).'al-Harm
(اَلْحَرْم
) means the pilgrim garb; this is the mean-ing of the hadīth, 'I was applying perfume to the Prophet for his ihrãm.' The basic meaning of the root-word (h-r-m) is to protect, to prohibit; the women are calledharam
(حَرَم
) because they are protected; andalmah rūm
(اَلْمَحْرُوم
) is the one who is deprived of sustenance.” He has also said: “al-Mithl, al-mathal
(اَلْمِثْلُ ، اَلْمَثَلُ
) as well as ashshibh andash-shabah
(اَلشِبْهُ ، اَشَبَهُ
) have all one meaning [i.e. like, likeness.]”
He says: “an-Na‘am
(اَلنَعَمُ
) denotes camel, cow, sheep and goat; if there is camel alone, it is called na‘am; but if there are cow and sheep or goat alone, they are not called na‘am. This has been men-tioned by az- Zajjãj.”
Again he says: “al-Farrã’ has said:'al-‘Adl
(اَلْعَدْلُ
) is a thing which is equal to another thing not from the same species.al-‘Idl
(اَلْعِدْلُ
) is like; you say: 'I have ‘idl of your slave or goat,' when you have a slave like his slave or goat like his goat; but if you mean his/its value from another species, you will say, '‘adl.' The Basrite gram-marians say that al-‘adl and al-idl both mean 'like', no matter it is of the same species or not.”
Also, he has said: “al-Wabãl
(اَلْوَبَالُ
= translated here as 'the unwholesome result') means burden of a thing in hateful situation; accordingly they say:Ta‘ãm wabīl
(طَعَامُ وَبِيْلُ
) andmã’ wabīl
(مَاءُ وَبِيْلُ
) when the food and water are heavy, not nourishing; thus Allãh says: . so We laid on him a violent hold [73:16]; i.e. heavy and hard; and for this reason, the board of washerman is called wabīl.”
The words: “Do not kill game while you are in the pilgrim garb,” forbid the killing of game. But it is partially elaborated by the next verse: Lawful to you is the game of the sea - this explains the kind of game; and the nature of killing is elaborated by the next sentence: “and whoever among you shall kill it intentionally . .” The word: 'intentionally' is the circumstantial clause related to: “whoever among you shall kill it.” Apparently, intentional killing is opposite of unin-tentional one, i.e. killing without intention, e.g. one shoots arrow to a certain target, and it missing the target hits a game. The verse makes it clear that he must pay the compensation if he did have the intention of killing the game, no matter whether he remembered that he was in the pilgrim garb, or had forgotten it or was oblivious to it.
The sentence: “the compensation (of it) is the like of what he killed, from the cattle, as two just persons among you shall judge, as an offering to be brought to the Ka‘bah.” Its meaning is clear: He has to offer a compensation, which should be like the game he has killed; it should be from a kind of cattle which is like the killed game; that similar cattle will be decided by two just religious persons among you; that offering should be brought to the Ka‘bah and slaughtered in the sanctuary in Mecca or Minã, as explained by the Prophetic sunnah.
Grammatically the word: 'compensation' is a subject whose predicate is omitted [although this aspect is lost in English translation. tr.]. The clauses: “the like of what he killed, from the cattle,” and, “two just persons . shall judge”, are descriptions of the compensa-tion; the clauses: “an offering,” and “to be brought to the Ka‘bah,” are the noun and its adjective, respectively, while the “offering” is the circumstantial clause related to “the compensation”, as described above. The verse has been analysed in some other ways too.
The clauses: “or the expiation (of it) is the feeding of the poor or the equivalent of it in fasting”, lay down two other alternatives for the expiation of killing a game. The particle, 'or', does not show more than alternativeness, and its elaboration comes from the sunnah; however, the verse, first names the feeding of the poor as its expiation, and then mention its equivalent fasting, and it is not without some indication of sequence between these alternatives.
The clause: “that he may taste the unwholesome result of his deed”: The letter,l
(ل
= that) indicates the objective; this and the preceding sentences to which it is attached, show that it is a kind of retribution.
QUR’ÃN:
Allãh has pardoned what is gone by; and whoever returns (to it), Allãh will inflict retribution on him; and Allãh is Mighty, Lord of Retribution: Pardon is bestowed to what is gone by. It shows that “what is gone by” refers to those game killings, which had occurred before the verse was revealed giving this law. Obviously, if pardon was to apply to the game killed when it was being revealed or after its revelation, it would contradict the law. This sentence was revealed to remove the possible misunderstanding that the law of compensation was retroactively applicable to the incidents preceding the time of revelation.
The verse proves that pardon may be applied to such deeds too which are not sins, provided those deeds contain evil, which by their nature would be liable to attract legislative prohibition. The clauses: “and whoever returns (to it), Allãh will inflict retribution on him; and Allãh is Mighty, Lord of Retribution.” Apparently, returning to it means repeating the sin, and the clause: “Allãh will inflict retribution on him,” speaks about future recurrence, not to a present order. It shows that the returning means repeating the deed that had attracted compensation, and the divine retribution refers to something other than the imposed compensation.
In this backdrop, the verse, together with the preceding and the following ones, deals with various aspects of the law of killing the game. Allãh has pardoned those who had done so before revelation of the law; but he who would kill a game after law was promulgated, would have to offer in compensation cattle like of what he had killed - this is for the first offence. However, if he repeats the sin, Allãh will inflict retribution on him, and there is no compensation on him. This is seen in most of the traditions of the Imãms of Ahlu 'l-Bayt (a.s.) which deal with the explanation of this verse.
Had not this explanation been given in traditions, we would have to say that the retribution, mentioned in the clause: “Allãh will inflict retribution”, covered general laws including expiation; and the returning connoted killing a game again; it would then mean: Whoever indulged in killing a game as they were doing before promulgation of this law - i.e. whoever would kill a game - Allãh would inflict retribution on him - i.e. would make him liable to pay the compensation/expiation. But, as you see, this meaning is far from the wording of the verse.
QUR’ÃN:
Lawful to you is the game of the sea . and fear Allãh, to Whom you shall be gathered: All these verses aim at describing the law of hunting [intentionally, while the hunter is in ihrãm] on land or in sea. It proves that what is made lawful in this verse is hunting the game of the sea, not [only] its eating; in this context, the word,ta‘ãmuhu
[طَعَامُهُ
= which can be translated as, its food, or its eating] gives here the meaning of food, and not of eating; and it means that you are allowed to eat from the game of the sea. In short, the verse says that you are allowed to hunt the game of the sea, and also to eat from what you have hunted.
The seafood covers what is hunted from it, like good meat of the game, as well as what is thrown up by sea like a dead animal, etc. However, the traditions of the Imãms of Ahlu 'l-Bayt (a.s.) explain it as good meat of game, salted or otherwise.
The words: “a provision for you and for the travellers,” is a cir-cumstantial clause related to “the game of sea and its food.” It contains a shade of bestowal of gracious boon.
The verse is addressed to the believers who are in condition of ihrãm; therefore the clause: “a provision for you and for the travelers”, may be translated as, a provision for those in the condition of ihrãm and for others.
It should be noted that there are numerous topics of jurispru-dence contained in these verses, which are written in detail in the books of fiqh; and whoever wants to know more should refer to those books.
QUR’ÃN:
Allãh has made the Ka‘bah, the Sacred House, a sanctuary for the people, and the sacred month and the offerings and the (ani-mals with the) garlands; . .: The talk begins with the Ka‘bah, which is followed by its explicative apposition the Sacred House; then month is described with the attribute, the sacred, which is followed by the offerings and the animals with garlands, which in their turn are related to the sanctity of the House. All this shows that the essential prerequi-site of this verse's topic is Sanctity.
Qiyãm
(اَلْقِيَام
= that with which something stands). ar-Rãghib has said: “al-Qiyãm
andal-qawãm
(اَلْقَوَام
) is the name of that with which a thing stands, i.e. remains firm; likeal-‘imãd
(اَلْعِمَاد
= pillar) andas-sinãd
اَلسِنَاد
) = prop) which are used for that with which a thing remains upright; as Allãh says: And do not give away your property which Allãh has made for you a (means of) support to the weak of understanding, . [4:5], i.e. He has made it for you a means to keep you upright; and He says: Allãh has made the Ka‘bah, the Sacred House, a support for the people, i.e. it provides their means of support in this life and in the hereafter;
al-Asamm has said: '(It means), firmly standing which will not be abrogated. It has an alternative version,qayyiman
(قَيِّمًا
), with the same meaning.'”
The verse basically means that Allãh has made the Ka‘bah a sacred house and laid down its sanctity. Also, He has made some months sacred, and joined them together in some respects, like the hajj which is done in the sacred month of Dhi 'l-Hijjah. He has also ordained something connected to it, which share in this sanctity like sacrificial animals [marked as such by cutting off a piece of their ears, or putting garlands on their necks]. All this has been prescribed as a means of support for the people's blissful social life.
So, He has prescribed the Sacred House as the qiblah, towards which the people face in their prayers, keep to it the faces of their dead bodies and slaughtered animals, and maintain its respect in their shameful conditions [i.e. they do not face it while evacuating the bowels]. In this way their community is united and their ties are strengthened; their religion is revived and maintained; they come to it for hajj from different lands and furthest regions, and therein witness advantages for themselves and proceed on the path of servitude. The people throughout the world get guidance by the Ka‘bah's name, by its remembrance and by looking at it. They seek divine nearness through it and by fixing their attention to it. Allãh has described its excellence in another way which is not far from above, as He says: Most surely the first house appointed for men is the one at Bakkah, blessed and a guidance for the nations (3:96). And you have seen a discourse in volume three of this book, under this verse, which illuminates this subject.
Similar is the case of the sacred month, inasmuch as it is a sanc-tuary for men. Allãh has forbidden fighting in it, and has therein given them safety and security in their lives, honour and properties so that they get a chance to mend what had gone bad in the affairs of their lives. The position of sacred month within all months is like a station where a wayfarer - weary and tired - gets an opportunity to rest and restore himself. In short, the sacred house and the sacred month with the sacrificial animals connected with them are a means of support for the people, encompassing various aspects of their lives here and in the hereafter. If a deep-thinking meditater reflects comprehensively on the particulars of the benefits which the people acquire from the Ka‘bah and the sacred month - the benefits that are ever-flowing or firmly fixed - he will get enormous blessings and will be highly amazed: He will see that because of the sacred house and sacred month, blood relationships are strengthened, friendships are fortified, wealth is gladly spent on needy and poor; markets flourish, mutual love between near relatives blossoms, and strangers recognize each other; hearts come nearer, souls become purified and powers are revitalized; the com-munity gets support from one another, religion is revived, and standards of truth and banners of monotheism are raised high.
It seems this fact is mentioned here after the verses forbidding the game in order to remove any misgiving that these laws were of little or no benefit at all. What is the benefit of forbidding hunting in a certain place or time? What is the advantage of bringing sacrificial animals to a fixed area? And so on. Were not these laws merely vestiges of the superstitious rites of the ignorant and barbaric nations?
This doubt was removed here by saying that the dignity of the sacred house and the sacred month and related rules are based on an academic reality and serious basis, i.e., they are the means of support for their lives.
This explanation shows how the verse: “this is that you may know that Allãh knows whatever is in the heavens and whatever is in the earth, and that Allãh is the Knower of all things”, is connected with the preceding verses. The demonstrative pronoun: “this” may point to the law described in the preceding verses (the underlying reason of whose legislation is explained in the sentence: “Allãh has made the Ka‘bah . .”). In this case the meaning will be as follows: Verily Allãh has made the sacred house and the sacred month sanctuaries for the people and has laid down relevant laws, in order that by preserving their sanctity, obeying the laws enacted about them, the people may proceed to the realization that Allãh knows what is in the heavens and the earth, and is fully cognizant of what is beneficial for them; that is why He has laid down for you these laws with full knowledge. There is no superstition involved in these laws that could have emanated from delusive imagination.
Alternatively, that pronoun (this) may be pointing to the expla-nation of the law which is elaborated in the sentence: “Allãh has made the Ka‘bah . .” In this case, the meaning will be as follows: We have explained to you this reality (i.e., making the sacred house and the sacred month and their related affairs as sanctuaries for the people) in order that you may understand that Allãh fully knows what is in the heavens and in the earth and the related laws which are beneficial to their affairs.
Therefore, you should not think that these laid down laws were useless and ineffectual, or were based on superstition.
QUR’ÃN:
Know that Allãh is severe in requiting (evil) and that Allãh is Forgiving, Merciful. Nothing is (incumbent) on the Messenger but to deliver (the message), and Allãh knows what you reveal and what you hide: It re-enforces the preceding declarations and firmly establishes the ground of the above-mentioned laws; it threatens disobedient persons and offers (good) promise to obedient ones. The both clauses have a shade of threatening; that is why Allãh has described Himself first as being severe in punishment and then has mentioned His forgiveness and mercy. Also, it is for this reason that the talk has ended with the sentences: “Nothing is (incumbent) on the Messenger . and what you hide.”
TRADITIONS
[al-Kulaynī] narrates through his chains from Hammãd ibn ‘Īsã and Ibn Abī ‘Umayr, from Mu‘ãwiyah ibn ‘Ammãr, from Abū ‘Abdillãh (a.s.) that he said in explanation of the words of Allãh, the Mighty, the Great: Allãh will certainly try you in respect of some game which your hands and your lances can reach. “Wild animals were crowded for the Messenger of Allãh (s.a.w.a.), in the ‘umrah of Hudaybiyyah until their hands and their lances could reach them.” (al-Kãfī)
The author says: Also, al-‘Ayyãshī has narrated it as a mursal tradition from Mu‘ãwiyah ibn ‘Ammãr; and this theme has been narrated by al-Kulaynī and ash-Shaykh (in al-Kãfī and at-Tahdhīb, respectively) through their chains to al-Halabī from as-Sãdiq (a.s.). al-‘Ayyãshī has also narrated it from Samã‘ah from the same Imãm, as a mursal one; and similarly al-Qummī has narrated it as a mursal; this is also narrated from Muqãtil ibn Hayyãn as quoted below.
[as-Suyūtī says:] Ibn Abī Hãtim has narrated from Muqãtil ibn Hayyãn that he said: “This verse was revealed in the ‘umrah of Hudaybiyyah; wild animals, birds and games used to come to them in their stations like of which they had never seen in the past; so Allãh forbade them to kill it while they were in the condition of ihrãm; so that He might know who fears Him in secret.” (ad-Durru 'l-manthūr)
The author says: These two traditions do not go against what we have written in the Commentary that the verse's meaning is general.
[al-Kulaynī] narrates through his chains from Ahmad ibn Muhammad, about the words of Allãh, the Blessed, the Sublime: which your hands and your lances can reach; he said, “What the hands can reach are eggs and nestlings, and what the lances can reach refers to what cannot be caught by hands.” (al-Kãfī)
[al-Ayyãshī] narrates, through his chains in his at-Tafsīr, from Harīz, from Abū ‘Abdillãh (a.s.) that he said, “If amuhrim
(مُحْرِم
= one in the condition of ihrãm) kills a pigeon, then in it [its expiation] is a goat; if he kills a bird chick, then in it is a camel; and if he sets foot on an egg and breaks it, then on him is one dirham, all these (expiations) shall be given in sadaqah at Mecca and Minã; and this is (the meaning of) the word of Allãh in His Book: Allãh will certainly try you in respect of some game which your hands will reach - eggs and chicks - and your lances - big mothers.”
The author says: ash-Shaykh has narrated it in at-Tahdhīb, from Harīz from the same Imãm (a.s.), giving only its last section.
ash-Shaykh narrates through his chains from Ibn Abī ‘Umayr, from Hammãd, from al-Halabī, from Abū ‘Abdillãh (a.s.) that he said, “When a muhrim kills a game, then its compensation is (incumbent) on him, and the (killed) game will be given to a poor as sadaqah; then if he repeats and kills another game, there is no compensation on him, and Allãh will inflict retribution on him, and (that) retribution (will be) in the next world.” (at-Tahdhīb)
[ash-Shaykh] narrates from al-Kulaynī, from Ibn Abī ‘Umayr, from some of his companions, from Abū ‘Abdillãh (a.s.), that he said: “If a muhrim kills a game by mistake, then compensation is incumbent on him; then if he kills it again intentionally, then he is from those on whom Allãh will inflict retribution, and he is not liable to pay expiation.” (ibid.)
[ash-Shaykh] narrates from Ibn Abī ‘Umayr, from Mu‘ãwiyah ibn ‘Ammãr, that he said, “I said to Abū ‘Abdillãh (a.s.), 'A muhrim has killed a game?' He said, 'He has to give its expiation.' I said, 'Then if he repeats?' He said, 'He has to give expiation whenever he repeats.' “ (ibid.)
The author says: As you see, the traditions differ one from another; and ash-Shaykh has reconciled them by saying that they mean: 'If a muhrim intentionally kills a game it is incumbent on him to give expiation; and if he intentionally repeats then there is no expiation on him and he is among those on whom Allãh will inflict retribution; and as for him who kills forgetfully, he has to give expiation when-ever he repeats.'
[ash-Shaykh] narrates through his chains from Zurãrah from Abū Ja‘far (a.s.) about the words of Allãh, the Mighty, the Great: as two just persons among you shall judge. “So the just is the Messenger of Allãh (s.a.w.a.), and the Imãm after him, who shall judge, and he is just. So, when you have known what Allãh has ordered from the Messenger of Allãh and the Imãm, then it is sufficient for you and you should not ask (others) about it.” (ibid.)
The author says: There are several traditions of this meaning; one of which says, “I recited near Abū ‘Abdillãh (a.s.), 'dhawã ‘adlin minkum' (two just persons among you); he said, 'dhū ‘adlin minkum' (just person among you); it is among the mistakes of the scribes. And it returns to variations of recital, as is apparent.”
[al-Kulaynī] narrates from az-Zuhrī from ‘Alī ibn al-Husayn (a.s.), that he said, “Fast in compensation of game is obligatory; Allãh, the Mighty, the Great, has said: and whoever among you shall kill it intentionally, the compensation (of it) is the like of what he killed, from the cattle, as two just persons among you shall judge, as an offering to be brought to the Ka‘bah or the expiation (of it) is the feeding of the poor or the equivalent of it in fasting. Well, do you know how will the equivalent of it in fasting be? O Zuhrī!” (Zuhrī) says, “I said, 'I do not know.' He said, 'The (price of) the game will be assessed; then that price will be broken up on wheat (i.e., it will be seen how much wheat may be bought with that price); then the wheat will be measured insã‘
(صَاع
= equivalent of 3 kg.), and he will fast one day for each half a sã‘.' “ (al-Kãfī)
[al-Kulaynī] narrates through his chains from Ahmad ibn Muhammad from one of his men, from Abū ‘Abdillãh (a.s.) that he said, “Whoever is obligated to offer a sacrifice in his ihrãm, he is free to slaughter it wherever he wishes, except the compensation of game, because Allãh says: an offering brought to the Ka‘bah.” (ibid.)
al-‘Ayyãshī narrates from Harīz, from Abū ‘Abdillãh (a.s.) that he said about the words: Lawful to you is the game of the sea and its food, a provision for you and for the travelers. “Its salty one, which they eat.” (And he said:) “Distinguish between the two: Every bird that lives in thickets, lays egg in land and brings up its chick on land is a game of land; and whatever bird lives in land, and lays egg in sea and bring up its chick (there) is among the game of the sea.” (at-Tafsīr)
[al-‘Ayyãshī narrates] from Zayd ash-Shahhãm that he said, “I asked Abū ‘Abdillãh (a.s.), about the word of Allãh: Lawful to you is the game of the sea and its food, a provision for you and for the travel-lers; he said, 'It is salty fish; also whatever you take from it as supply, even if it is not salty, it is provision.' “ (ibid.)
The author says: There are numerous traditions of this mean-ing narrated through Shī‘ah chains from the Imãms of Ahlu 'l-Bayt (a.s.).
[as-Suyūtī quotes] Ibn Abī Shaybah from Mu‘ãwiyah ibn Qurrah and Ahmad, from a man of the Helpers, “Verily a camel of a man trode a nest of an ostrich and broke its eggs. So the Messenger of Allãh (s.a.w.) said, '(Incumbent) on you is fast of one day in lieu of every egg, or feeding of poor.' “ (ad-Durru 'l-manthūr)
The author says: He has also narrated this theme from Ibn Abī Shaybah, from ‘Abdullãh ibn Dhakwãn, from the Prophet (s.a.w.); and has also narrated it from Abu 'z-Zinãd, from ‘Ãishah from the Prophet (s.a.w.a.).
Abu 'sh-Shaykh and Ibn Marduwayh have narrated through the chain of Abu 'l-Muhzim, from the Prophet (s.a.w.a.) that he said, “In the eggs of ostrich it is (incumbent to pay) its price.” (ibid.)
Also, he quotes Hãtim from Abū Ja‘far Muhammad ibn ‘Alī [a.s.]: A man asked ‘Alī about sacrificial animal, from what it is (i.e. from which species it should be). He said, “From the eight pairs.” Then it seemed as if the man had some doubts; so ‘Alī said, “Do you read Qur’ãn?” It seemed as if the man said, “Yes.” (‘Alī) said, “Then have you heard Allãh saying: O you who believe! Fulfil the covenants. The cattle quadrupeds are made lawful for you . [5:1].” He said, “Yes.” (‘Alī) said, “Have you heard Him saying: . and mention the name of Allãh during stated days over what He has given them of the cattle quadrupeds . [22:28]; And of the cattle (He created) beasts of burden and those which are fit for slaughter only; . [6:142]?” He said, “Yes.” (‘Alī) said, “And have you heard Him saying: . two of sheep and two of goats . [6:143]? And two of camels and two of cows . [6:144]?” He said, “Yes.” (‘Alī) said, “And have you heard Him saying: O you who believe! Do not kill game while you are in the pilgrim garb . as an offering to be brought to the Ka‘bah?” The man said, “Yes.” Then (‘Alī) said, “If I killed a deer, then what is (incumbent) on me?” He said, “A goat.” ‘Alī said, “An offering to be brought to the Ka‘bah?” The man said, “Yes.” Then ‘Alī said, “Allãh has named it: to be brought to the Ka’bah, as you hear.” (ibid.)
Ibn Abī Hãtim narrates from ‘Atã’ al-Khurãsãnī that ‘Umar ibn al-Khattab, ‘Uthmãn ibn ‘Affãn, ‘Alī ibn Abī Tãlib, Ibn ‘Abbãs, Zayd ibn Thãbit and Mu‘ãwiyah had judged that if a muhrim kills a game for which an offering is given in compensation, the price of that offer-ing should be assessed and poor persons fed from it. (ibid).
Ibn Jarīr has narrated from Abū Hurayrah that he said, “The Messenger of Allãh (s.a.w.), said, 'Lawful to you is the game of the sea and its food, a provision for you.' He said, 'Whatever dead animals it throws (on the shore), it is its food.' “ (ibid.)
The author says: Similar themes have been narrated from some companions too; but what is narrated from the chains of Ahlu 'l-Bayt contradicts it, as described earlier.
[al-‘Ayyãshī] narrates from Abãn ibn Taghlib that he said, “I said to Abū ‘Abdillãh (a.s.), '(What is the meaning of:) Allãh has made the Ka‘bah, the Sacred House, a sanctuary for the people?' He said, 'Livelihood.' “ (at-Tafsīr)
The author says: The explanation of this tradition has been given earlier.
* * * * *
0%
Author: Allamah Sayyid Muhammad Husayn Tabatabai
