5-35 O you who believe, keep your duty to Allah, and seek means of nearness to Him, and strive hard in His way that you may be successful.
يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ ٱتَّقُواْ ٱللَّهَ وَٱبۡتَغُوٓاْ إِلَيۡهِ ٱلۡوَسِيلَةَ وَجَـٰهِدُواْ فِى سَبِيلِهِۦ لَعَلَّڪُمۡ تُفۡلِحُونَ (٣٥)
5-35a: وَسِيلَةَ – Imam Raghib says that وَسِيلَةَ means to affectionately reach out to something: التَّوَصُّلُ الی الشئ برغبة . Further he writes that it is like قربة (nearness), and واسل is someone who affectionately reaches out to Allah. Lisan al Arab states that وَسِيلَةَ is the name of rank, status and nearness, and وَسَّل فلان الیٰ اللّٰه وَسِيلَةَ means acted in a way with which he achieved nearness to Allah and then writes that وَسِيلَةَ means to reach, and nearness. In the hadith which gives the prayer to be recited after hearing the adhan, the following statement occurs: اٰتِ محمدن الوسیلة where the meaning is القرب من اللّٰه تعالیٰ , that is nearness to Allah (N). There is a hadith in Sahih Muslim that the Holy Prophet after teaching the prayer said after the adhan stated that وَسِيلَةَ is the highest rank in the Paradise, and that is its meaning here.
Achieving nearness to Allah: The real discussion is about Ahl Kitab who had abandoned religion and restricted their horizon only to this world and instead of strict monotheism had incorporated polytheistic ways. The last verse of the previous section mentioned a class of people who despite professing Islam committed dacoities, spread mischief in the land and openly opposed Allah and His Prophet. Hence this section opens with a statement about what is the real work of a believer. The first counsel given is to be righteous, that is to safeguard rights and to ensure that no one is wronged. It is then stated that too much emphasis should not be put on pursuing temporal wealth and that instead a yearning should be created in the heart to achieve nearness to Allah because this is the real purpose of a person’s life. However, this purpose cannot be achieved unless one strives for it, and hence the third advise is to carry on waging jihad (keep on striving) so that one becomes successful: وَٱلَّذِينَ جَـٰهَدُواْ فِينَا لَنَہۡدِيَنَّہُمۡ سُبُلَنَا (And those who strive hard for Us, We shall certainly guide them in Our ways ) (29:69). The next verse mentions very clearly that this worldly wealth with which the Ahl Kitab has fallen in love and for which they have abandoned truth, veracity, and God, can perhaps help them a little in this worldly life but will be of no use to them in the next. Thus, the basic advise of this verse is that one should not abandon the real purpose of life by going excessively after collecting worldly wealth by fair and foul means, and instead should work to create a yearning in one’s heart for nearness to Allah, which is the meaning of وَسِيلَةَ . The Quran also provides testimony for this meaning: أُوْلَـٰٓٮِٕكَ ٱلَّذِينَ يَدۡعُونَ يَبۡتَغُونَ إِلَىٰ رَبِّهِمُ ٱلۡوَسِيلَةَ (Those whom they call upon, themselves seek the means of access to their Lord) (17:57) that is, those that people call upon thinking that they would remove their distress never claimed that they are able to do so, and they themselves seek nearness to Allah. Ibn Jarir has explained the meaning of: وَٱبۡتَغُوٓاْ إِلَيۡهِ ٱلۡوَسِيلَةَ as: اطلبوا القربة الیه (beseech His nearness) and in support has presented a verse from Untra: ان الرجال لھم الیك وَسِيلَةَ . Hassan, Mujahid and Qatadah have given its meaning as nearness and do not offer any other meaning.
Making another an agent: Even if the meaning of وَسِيلَةَ is taken to be: ما یتوصل به (the means to reach), its meaning would be to walk in ways that will allow you to reach Allah, that is to achieve nearness to Allah. To take this to mean that those who have died should be taken as agents is an absurd interpretation of وَسِيلَةَ . To ask someone to pray for you is not associating him with Allah. Even the Holy Prophet reportedly said to Caliph Umar: لا تنسنا یا اخی من دعائك (O Brother! Do not forget us in your prayers). However, asking those who have died for help is outright polytheist. It is incumbent that one faces in the direction of the Kabah even when offering prayer on the tomb of the Holy Prophet so that the grave is to the left or right of the one praying. The prayer must not be offered with the grave in front. According to Imam Abu Hanifa the prayer should be offered with the grave at the back. There are categorical orders in the Quran that it is not permissible to pray to anyone except Allah, as in: إِن تَدۡعُوهُمۡ لَا يَسۡمَعُواْ دُعَآءَكُمۡ وَلَوۡ سَمِعُواْ مَا ٱسۡتَجَابُواْ لَكُمۡۖ (If you call on them, they hear not your call; and if they heard, they could not answer you) (35:14); and: لَهُ ۥ دَعۡوَةُ ٱلۡحَقِّۖ وَٱلَّذِينَ يَدۡعُونَ مِن دُونِهِۦ لَا يَسۡتَجِيبُونَ لَهُم بِشَىۡءٍ إِلَّا كَبَـٰسِطِ كَفَّيۡهِ إِلَى ٱلۡمَآءِ (To Him is due the true prayer. And those to whom they pray besides Him giv them no answer, but (they are) like one who stretches forth his two hands towards water…) (13:14).
In view of this overwhelming evidence, it is polytheistic to class the holy personalities of Islam as وسیلے or agents and through them to ask for fulfilment of needs, or to go and pray on their graves, or to beseech Allah in their names. The mediation by holy and pious people through their prayers is only during their lifetimes. This is exemplified by a saying of Caliph Umar when during a drought, he asked Abbas to lead the congregational prayer for rain and submitted to Allah: We used to ask the Holy Prophet to mediate for us (that is, asked him to pray for us) and O Allah You used to bless us with rain. Now we ask Your Prophet’s uncle to mediate for us, (that is, ask him to lead the prayer). So bless us with rain. Thus, mediation by holy people is permissible only during their lifetime, and they can be asked to pray for a particular person or outcome.
5-36 Those who disbelieve, even if they had all that is in the earth, and the like of it with it, to ransom themselves therewith from the chastisement of the day of Resurrection, it would not be accepted from them; and theirs is a painful chastisement.
إِنَّ ٱلَّذِينَ ڪَفَرُواْ لَوۡ أَنَّ لَهُم مَّا فِى ٱلۡأَرۡضِ جَمِيعً۬ا وَمِثۡلَهُ ۥ مَعَهُ ۥ لِيَفۡتَدُواْ بِهِۦ مِنۡ عَذَابِ يَوۡمِ ٱلۡقِيَـٰمَةِ مَا تُقُبِّلَ مِنۡهُمۡۖ وَلَهُمۡ عَذَابٌ أَلِيمٌ۬ (٣٦)
5-37 They would desire to come forth from the Fire, and they will not come forth from it, and theirs is a lasting chastisement.a
يُرِيدُونَ أَن يَخۡرُجُواْ مِنَ ٱلنَّارِ وَمَا هُم بِخَـٰرِجِينَ مِنۡہَاۖ وَلَهُمۡ عَذَابٌ۬ مُّقِيمٌ۬ (٣٧)
5-37a: Coming out of the fire: There is a clear distinction in the mention of paradise and hell in the Quran. The mention of paradise is followed by وَمَا هُم مِّنۡہَا بِمُخۡرَجِينَ (…nor will they be ejected therefrom) (15:48), while in the mention of hell, it is stated: وَمَا هُم بِخَـٰرِجِينَ مِنۡہَا (…and they will not come forth from it) (5:37) which is explained elsewhere as: كُلَّمَآ أَرَادُوٓاْ أَن يَخۡرُجُواْ مِنۡہَآ أُعِيدُواْ فِيہَا (Whenever they desire to go forth from it, they are brought back into it…) (32:20). The statement in the hadith: So He will take out a handful from the fire and bring out a people who have never done any good, is not contradictory to this verse because the inmates of hell will not come out based on their own desire but will come out because of the mercy of Allah.
5-38 And (as for) the man and the woman addicted to theft, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah. And Allah is Mighty, Wise.a
وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقۡطَعُوٓاْ أَيۡدِيَهُمَا جَزَآءَۢ بِمَا كَسَبَا نَكَـٰلاً۬ مِّنَ ٱللَّهِۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ۬ (٣٨)
5-38a: The last section discusses the safeguarding of life and property in the context of deliberations about the Jews. This verse is a supplement to it and between these two verses, there are some advisory verses for the Muslims. After the mention of dacoits who forcibly rob the wealth of others, this verse mentions thieves who take the wealth of others by stealth.
The purport of cutting off the hand: The punishment of theft is given as cutting off the hand. Metaphorically, cutting off the hand can mean to stop their hand, as in: تَقۡطَعُونَ ٱلسَّبِيلَ (29:29) where the meaning is not to cut the path but to stop the wayfarers. Similarly, the term قطع رحم is used metaphorically to mean mercilessly. قَطَعَ لِسَنه‘ means to silence him. It is stated in one hadith that a poet recited some verses of his poetry, and the Holy Prophet said: اَقۡطَعُواعَنِّی لِسَنه‘ (Give him something and silence him) (LA). So, the meaning of قطع ید (cut hand) can metaphorically be to prevent them from stealing.
Taking its literal meaning, Imam Shafai sets the value of the money taken to be more than a quarter dinar before this punishment kicks in, Imam Abu Hanifa sets the minimum value as ten dirham, and some others at five dirhams. If the value of the theft is less than these amounts, then the punishment of cutting off the hand is not applicable. It is conceivable that cutting the hand is the maximum punishment for stealing, and the judge has the power to give a lesser punishment. The reason for this is that in a previous verse the judge has been given wide discretionary powers in imposing sentence on a dacoit varying from death by crucifixion to imprisonment. Since these two verses compliment each other, it follows that just as the maximum punishment for dacoity is death, the maximum punishment for theft is cutting off the hand. There is nothing in the precedent of the Companions that negates this interpretation because when it is permissible to punish a dacoit who takes away assets by force by imprisoning him, then why not a thief. Setting up an equivalence between the punishment for dacoity and theft, the severest punishment for dacoity is death or crucifixion, this severest punishment is left out for theft. A grade below in severity is the punishment of cutting of a hand and foot for a dacoit. The equivalent punishment for a thief is just cutting off the hand and this is the maximum punishment for theft. A grade below this in severity is the punishment of imprisonment in the case of dacoity. Although not specified, it stands to reason this can be given to a thief as well.
Apart from this, another thing worth considering is that in the Ubbi reading of the Quran instead of سارق the reading is سَرِّقand instead of سارقة the reading is سَرِّقة which words are in the superlative tense. So conceivably the punishment of cutting off the hand is a required punishment for a habitual thief. This is the reason that there is a provision for repentance, otherwise if the hand is cut off at the first offence of theft, then where is the provision for repentance. When leniency can be exercised if a dacoit repents, then why should a thief not get some leniency as well. So, the mandatory punishment for a habitual thief is cutting off the hand but it is the maximum punishment for a first time offender. The judge has the discretion to punish a first-time offender only with imprisonment. Further, cutting off the hand is stated to be an exemplary punishment, and this shows that it is the maximum punishment. In determining the punishment, the judge can also keep in view the present situation, and the national conditions. For this reason, under certain national and regional conditions, the punishment of cutting the hand can be given even for the first offence of stealing. In the present times and given the national conditions, it would be acceptable if cutting off the hand is kept as the punishment for a habitual thief and imprisonment for a first-time offender. It is also true that there can be no more effective punishment for a habitual thief than cutting off the hand. If the objective is reform, long imprisonments are not efficacious and also have a very deleterious effect on the moral condition of inmates. Cutting off the hand not only stops crime but is an effective way to reform.
5-39 But whoever repents after his wrongdoing and reforms, Allah will turn to him (mercifully). Surely Allah is Forgiving, Merciful.
فَمَن تَابَ مِنۢ بَعۡدِ ظُلۡمِهِۦ وَأَصۡلَحَ فَإِنَّ ٱللَّهَ يَتُوبُ عَلَيۡهِۗ إِنَّ ٱللَّهَ غَفُورٌ۬ رَّحِيمٌ (٣٩)
5-40 Knowest thou not that Allah is He to Whom belongs the kingdom of the heavens and the earth? He chastises whom He pleases, and forgives whom He pleases. And Allah is Possessor of power over all things.
أَلَمۡ تَعۡلَمۡ أَنَّ ٱللَّهَ لَهُ ۥ مُلۡكُ ٱلسَّمَـٰوَٲتِ وَٱلۡأَرۡضِ يُعَذِّبُ مَن يَشَآءُ وَيَغۡفِرُ لِمَن يَشَآءُۗ وَٱللَّهُ عَلَىٰ ڪُلِّ شَىۡءٍ۬ قَدِيرٌ۬ (٤٠)
5-41 O Messenger, let not those grieve thee who hasten to disbelief, from among those who say with their mouths, We believe, and their hearts believe not, and from among those who are Jews — they are listeners for the sake of a lie, listeners for another people who have not come to thee. They alter the words after they are put in their (proper) places, saying: If you are given this, take it, and if you are not given this, be cautious. And he for whom Allah intends temptation, thou controllest naught for him against Allah. Those are they whose hearts Allah intends not to purify. For them is disgrace in this world, and for them a grievous chastisement in the Hereafter.a
يَـٰٓأَيُّهَا ٱلرَّسُولُ لَا يَحۡزُنكَ ٱلَّذِينَ يُسَـٰرِعُونَ فِى ٱلۡكُفۡرِ مِنَ ٱلَّذِينَ قَالُوٓاْ ءَامَنَّا بِأَفۡوَٲهِهِمۡ وَلَمۡ تُؤۡمِن قُلُوبُهُمۡۛ وَمِنَ ٱلَّذِينَ هَادُواْۛ سَمَّـٰعُونَ لِلۡڪَذِبِ سَمَّـٰعُونَ لِقَوۡمٍ ءَاخَرِينَ لَمۡ يَأۡتُوكَۖ يُحَرِّفُونَ ٱلۡكَلِمَ مِنۢ بَعۡدِ مَوَاضِعِهِۦۖ يَقُولُونَ إِنۡ أُوتِيتُمۡ هَـٰذَا فَخُذُوهُ وَإِن لَّمۡ تُؤۡتَوۡهُ فَٱحۡذَرُواْۚ وَمَن يُرِدِ ٱللَّهُ فِتۡنَتَهُ ۥ فَلَن تَمۡلِكَ لَهُ ۥ مِنَ ٱللَّهِ شَيۡـًٔاۚ أُوْلَـٰٓٮِٕكَ ٱلَّذِينَ لَمۡ يُرِدِ ٱللَّهُ أَن يُطَهِّرَ قُلُوبَهُمۡۚ لَهُمۡ فِى ٱلدُّنۡيَا خِزۡىٌ۬ۖ وَلَهُمۡ فِى ٱلۡأَخِرَةِ عَذَابٌ عَظِيمٌ۬ (٤١)
5-41a: سَمَّـٰعُونَ لِلۡڪَذِبِ -It can be interpreted in two ways. One is that they believe lies because one of the meanings of سمع is to accept, and the other is listeners for the sake of lying. Similarly, the meaning of سَمَّـٰعُونَ لِقَوۡمٍ ءَاخَرِينَ can be interpreted in two ways. One is accepting the talk coming from another nation and the other is listening for another people.
The text reverts here to the real topic and the hypocrites are added to the mention of Jews. In the same vein as hypocrites, a group of Jews were also acting in a deceitful manner, and are referred to here. They did not accept the commands of the Holy Prophet and instead listened to what their tribal chiefs said. They adhered firmly to what their tribal chiefs said and accepted things only to the extent that their chief told them to and rejected anything beyond that. Under the terms of the agreement that the Jews had made with the Holy Prophet when he migrated to Madinah, the final decision in their matters was to be made by the Holy Prophet, and the Holy Prophet made these decisions in accordance with the Torah. Once an adulterous Jewish couple was brought before the Holy Prophet and he ordered them to be stoned to death in accordance with the punishment prescribed in the Torah. However, when the Jews were asked what is prescribed in their Book, they replied that the faces of the couple should be blackened, and they should be publicly shamed. The Jews were asked to bring the Torah and asked to read it publicly and they had to admit that the punishment is stoning to death. The presence of this punishment in the Torah is proven till the time of Jesus. Accordingly, it is stated in the Gospel by John that the Pharisees said: Master, this woman was taken in adultery, in the very act. Now Moses in the law commanded us, that such should be stoned, but what sayest thou? (John 8:4-5). Stoning to death is not part of the present Torah which proves that the Torah has been tampered with.
There were other similar incidents as well. The Jews would accept the Prophet’s decisions only to the extent that their priests told them to accept. For this reason, the Prophet is granted the leeway in the next section to refuse to make their decisions if he wanted.
There is another point worth remembering here. Nowhere in the Quran is the Holy Prophet addressed as: یا محمد or یا احمد although other prophets have been so addressed as: یٰا اٰدم – یا موسٰی – یا عیسٰی – یا داؤد- یا ابراھیم – یا نوح . The Holy Prophet, however, has been addressed only as: یٰایھا الرسول or یٰایھا النبی , that is by the names النبی and الرسول and the reason for this is firstly as a mark of respect and secondly he is addressed as النبی and الرسول because there is not going to be a prophet and messenger after him, and thirdly because he embodied the perfection of all previous prophets, no other prophet deserved this epitaph of being addressed as the prophet and the messenger.
5-42 Listeners for the sake of a lie, devourers of forbidden things, so if they come to thee, judge between them or turn away from them. And if thou turn away from them, they cannot harm thee at all. And if thou judge, judge between them with equity. Surely Allah loves the equitable.a
سَمَّـٰعُونَ لِلۡكَذِبِ أَڪَّـٰلُونَ لِلسُّحۡتِۚ فَإِن جَآءُوكَ فَٱحۡكُم بَيۡنَہُمۡ أَوۡ أَعۡرِضۡ عَنۡہُمۡۖ وَإِن تُعۡرِضۡ عَنۡهُمۡ فَلَن يَضُرُّوكَ شَيۡـًٔ۬اۖ وَإِنۡ حَكَمۡتَ فَٱحۡكُم بَيۡنَہُم بِٱلۡقِسۡطِۚ إِنَّ ٱللَّهَ يُحِبُّ ٱلۡمُقۡسِطِينَ (٤٢)
5-42a: سحت – There is a sense of extermination or to stamp out found in this word, as in: فَيُسۡحِتَكُم بِعَذَابٍ۬ (…destroys you by punishment) (20:61). سحت is the name for ill gotten wealth or goods that is a source of shame for the earner because that person is demolishing his religion. Bribery is also called سحت (R). Despite all the mischief of the Jews, the Holy Prophet is commanded to decide matters between them justly if he chooses to decide. The Prophet has been elevated to a very high moral and ethical standard.
5-43 And how do they make thee a judge and they have the Torah wherein is Allah’s judgment? Yet they turn away after that! And these are not believers.a
وَكَيۡفَ يُحَكِّمُونَكَ وَعِندَهُمُ ٱلتَّوۡرَٮٰةُ فِيہَا حُكۡمُ ٱللَّهِ ثُمَّ يَتَوَلَّوۡنَ مِنۢ بَعۡدِ ذَٲلِكَۚ وَمَآ أُوْلَـٰٓٮِٕكَ بِٱلۡمُؤۡمِنِينَ (٤٣)
5-43a: Jews reject decisions made on the basis of Torah: The Islamic jurisprudence is easier and more lenient in many respects compared to the Judaic laws, and for this reason, the Jews repaired to the Holy Prophet to get a more favorable decision. That is why it is stated that how can the Jews make the Holy Prophet a judge while remaining a Jew. The Divine commands for them are present in the Torah and if they consider it to be the true Divine Law and they do not accept Islam then they should be judged based on their scriptures. It is strange that they want to keep their religion as Judaism but not accept the Torah as the basis of judgment. The indication in مَآ أُوْلَـٰٓٮِٕكَ بِٱلۡمُؤۡمِنِينَ is that they neither believe in the Torah nor do they accept the Quran. A statement of Caliph Ali is narrated in Ruh al Maani, in which he says that if he is the ruler, then he will judge the Jews according to the Torah and the Christians according to the Gospel. What a great difference is there under فَٱحۡكُم بَيۡنَہُم بِٱلۡقِسۡطِ (And if you judge, judge between them with equity) that the Quran requires that the followers of the Torah be judged according to the Torah and the followers of the Gospel be judged according to the Gospel and this is not acceptable to their followers but the Muslims want to be judged by the Quran but this is not available to them.