5-101 O you who believe, ask not about things which if made known to you would give you trouble; and if you ask about them when the Qur’an is being revealed, they will be made known to you. Allah pardons this; and Allah is Forgiving, Forbearing.a
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ لَا تَسۡـَٔلُواْ عَنۡ أَشۡيَآءَ إِن تُبۡدَ لَكُمۡ تَسُؤۡكُمۡ وَإِن تَسۡـَٔلُواْ عَنۡہَا حِينَ يُنَزَّلُ ٱلۡقُرۡءَانُ تُبۡدَ لَكُمۡ عَفَا ٱللَّهُ عَنۡہَاۗ وَٱللَّهُ غَفُورٌ حَلِيمٌ۬ (١٠١)
5-101a: In the whole of this chapter, shariah is highlighted and its details expounded. In all matters, Quran has emphasized the golden mean and shunned the extremes. In the chapter before last, Quran has stopped one from overdoing in matters of worship. Similarly in this verse Quran stops its votaries from getting into unnecessary details in the matter of the shariah and stops them from asking too many questions. Allah will Himself give out those details that He considers necessary for the guidance of humanity. Just as the absence of shariah is a source of difficulty for people, similarly, commands of shariah in insignificant matters also becomes a source of difficulty. Islamic shariah has adopted the way of temperance. The necessary things have been given but many details are left out so that the door is left open for the exercise of judgment. The Quranic commands cannot be changed but there can be alterations in the matter of judgment based upon changing circumstances. There is no doubt that in matters of detail there is a necessity for change with a change in circumstances. Hence the most efficacious way is for Quranic commands not be given in small matters and to leave those to the exercise of judgment based upon the circumstances. It is also stated in hadiths that people used to question the Holy Prophet regarding minor matters and the Holy Prophet expressed his displeasure with such questions. His attitude was supportive of this verse.
The meaning of عَفَا ٱللَّهُ عَنۡہَا is that despite the people’s questions about minor matters, Allah did not impose any hardship on them.
5-102 A people before you indeed asked such questions, then became disbelievers therein.a
قَدۡ سَأَلَهَا قَوۡمٌ۬ مِّن قَبۡلِڪُمۡ ثُمَّ أَصۡبَحُواْ بِہَا كَـٰفِرِينَ (١٠٢)
5-102a: When the previous nation is unnamed, the assumption is that it is usually Bani Israel. Many detailed commands are found in their shariah and these could be because of their questions. According to a narration of Ibn Abbas, there is a similarity here with the Christians who asked about whether God could provide them with food but then became unthankful (IJ).
5-103 Allah has not ordained a bahirah or a sa’ibah or a wasilah or a hami, but those who disbelieve fabricate a lie against Allah. And most of them understand not.a
مَا جَعَلَ ٱللَّهُ مِنۢ بَحِيرَةٍ۬ وَلَا سَآٮِٕبَةٍ۬ وَلَا وَصِيلَةٍ۬ وَلَا حَامٍ۬ۙ وَلَـٰكِنَّ ٱلَّذِينَ كَفَرُواْ يَفۡتَرُونَ عَلَى ٱللَّهِ ٱلۡكَذِبَۖ وَأَكۡثَرُهُمۡ لَا يَعۡقِلُونَ (١٠٣)
5-103a: بَحِيرَةٍ۬ – It is derived from بحر which means he cut or split. A she camel whose ear was slit was called بَحِيرَةٍ۬ . After a camel had given ten births and if the last was a male, the she camel had her ear split, and she was left free to pasture and was exempted from slaughter and from carrying burdens.
سَآٮِٕبَةٍ۬ – It is derived from ساب which means walked on earth. It was a she camel that was given as an offering or a she camel who had given birth to ten female camels. It was left free and given liberty to pasture or drink water anywhere without any hindrance.
وَصِيلَةٍ۬ – It is from وصل which means he connected or joined. It has been interpreted in different ways. According to some, it was a she goat that gave birth seven times to twins and if in the last set of twins, one was a male and the other a female then it was only the male that drank the mother’s milk. According to Zajjaj, it was a goat which if it gave birth to a male, it was given as an offering to the idols but if there were twins – a male and female – then they were saved.
حَامٍ – It is from حمی which means he prohibited, or interdicted it or protected or guarded it. It was a stallion camel that was not used for bearing a rider or any burden. Generally, such males whose offspring in the second degree of descent had been fertile or that fathered ten young ones from a single female.
All these customs are related to polytheism. Thus, it is made known that although there is considerable flexibility in the shariah but polytheism which is the root of all evils must be uprooted completely.
Polytheistic customs: Muslims should reflect how strongly Allah has stressed the need to avoid polytheistic customs and how polytheistic customs permeate their own homes and their lifestyles.
5-104 And when it is said to them, Come to that which Allah has revealed and to the Messenger, they say: Sufficient for us is that wherein we found our fathers. What! even though their fathers knew nothing and had no guidance!
وَإِذَا قِيلَ لَهُمۡ تَعَالَوۡاْ إِلَىٰ مَآ أَنزَلَ ٱللَّهُ وَإِلَى ٱلرَّسُولِ قَالُواْ حَسۡبُنَا مَا وَجَدۡنَا عَلَيۡهِ ءَابَآءَنَآۚ أَوَلَوۡ كَانَ ءَابَآؤُهُمۡ لَا يَعۡلَمُونَ شَيۡـًٔ۬ا وَلَا يَہۡتَدُونَ (١٠٤)
5-105 O you who believe, take care of your souls — he who errs cannot harm you when you are on the right way. To Allah you will all return, so He will inform you of what you did.
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ عَلَيۡكُمۡ أَنفُسَكُمۡۖ لَا يَضُرُّكُم مَّن ضَلَّ إِذَا ٱهۡتَدَيۡتُمۡۚ إِلَى ٱللَّهِ مَرۡجِعُكُمۡ جَمِيعً۬ا فَيُنَبِّئُكُم بِمَا كُنتُمۡ تَعۡمَلُونَ (١٠٥)
5-105a: Remedy when misguided nations are in majority: According to Ibn Umar, this verse is for future nations. Ibn Masud opines that this verse is for end times (IJ). Their opinion appears to be correct. The words: يَضُرُّكُم مَّن ضَلَّ communicates that when those who have erred are in the majority, one should not think that they can cause one harm as long as one steadfastly remains guided. This does not mean that there is no need to guide them because an essential element of being rightly guided is to call others to the path of truth as well. As stated elsewhere: وَتَوَاصَوۡاْ بِٱلۡحَقِّ (and exhort one another to truth) (3:103) and in the process be ready to face all difficulties with patience: وَتَوَاصَوۡاْ بِٱلصَّبۡرِ (and exhort one another to patience) (3:103). This verse is not intended to say that when misguidance is rife around a person, one should only worry about oneself and not call others to the faith. In fact, this verse portrays the condition of Muslims when they will be in an abject state. They are told that when people who have gone astray surround them, the difficulties they face are not because of others. They should worry about themselves and reform themselves and stay steadfast on the truth and then no misguided person will be able to harm them.
One wishes that Muslims reflect on this and instead of blaming others for their condition, focus on reforming themselves. The commentary on this verse by the Holy Prophet as narrated in a hadith reported in Tirmazi also supports this. The Holy Prophet is reported to have said: ائتمرو و ابالمعروف و تناھوا عن المنکر فاذا رایتم شحامُطاعاً و ھَویً متبعًا و اعجاب کل امرئٍ برأیه فعلیکم انفسکم لا یضر کم ضلالة غیرکم (Enjoin good and forbid evil. Then when you see that niggardliness is revered and greed and evil desires are followed and every person is satisfied with his opinion, then worry about your souls. The misguidance of others cannot harm you). The ending part of this hadith contains words from which it appears that this a prediction for a future time. In the Musnad of Imam Ahmad ibn Hanbal there is a narration of Caliph Abu Bakr that he stated in a sermon: You make an incorrect interpretation of this verse. I have heard the Messenger of Allah say that when people see an evil thing and do not stop them from doing it, Allah will send upon them a chastisement that will include everybody (IK). Another meaning done is: حفظوھا و الزموا صلاحھا (Protect yourself and reform yourself), the last part reform yourself means enjoin good and forbid evil.
5-106 O you who believe, call to witness between you, when death draws nigh to one of you, at the time of making the will, two just persons from among you, or two others from among others than you, if you are travelling in the land and the calamity of death befalls you. You should detain them after the prayer. Then if you doubt (them), they shall both swear by Allah (saying): We will not take for it a price, though there be a relative nor will we hide the testimony of Allah, for then certainly we shall be sinners.
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ شَہَـٰدَةُ بَيۡنِكُمۡ إِذَا حَضَرَ أَحَدَكُمُ ٱلۡمَوۡتُ حِينَ ٱلۡوَصِيَّةِ ٱثۡنَانِ ذَوَا عَدۡلٍ۬ مِّنكُمۡ أَوۡ ءَاخَرَانِ مِنۡ غَيۡرِكُمۡ إِنۡ أَنتُمۡ ضَرَبۡتُمۡ فِى ٱلۡأَرۡضِ فَأَصَـٰبَتۡكُم مُّصِيبَةُ ٱلۡمَوۡتِۚ تَحۡبِسُونَهُمَا مِنۢ بَعۡدِ ٱلصَّلَوٰةِ فَيُقۡسِمَانِ بِٱللَّهِ إِنِ ٱرۡتَبۡتُمۡ لَا نَشۡتَرِى بِهِۦ ثَمَنً۬ا وَلَوۡ كَانَ ذَا قُرۡبَىٰۙ وَلَا نَكۡتُمُ شَہَـٰدَةَ ٱللَّهِ إِنَّآ إِذً۬ا لَّمِنَ ٱلۡأَثِمِينَ (١٠٦)
5-106a: It is narrated that this verse was revealed in connection with the incident of Tamim Dari and his brother Adi. However, it is more appropriate to say that the incident falls within the purview of this verse and the verse is general in its application. This law lays down the rules regarding providing testimony in the case of wills. Earlier it was advised that people should refrain from asking questions relating to details on many points which would require a certain practice to be made obligatory. The purpose of bringing this verse here is to show that details of necessary practices, where required, have been given in the Quran itself. In this section, on the one hand all kinds of polytheistic customs have been refuted and on the other hand the necessary details of the rules for protection of wealth have been stated. Further, this verse also shows that the commands regarding bequests given in Surah Baqarah are not abrogated because this verse was chronologically revealed much after the verse 4:11 which is considered to be the abrogating verse regarding bequests in Surah Baqarah. See note 2:180a.
اخَرَانِ مِنۡ غَيۡرِكُمۡ (two others from among others than you) – This permits testimony from others than you, meaning non-Muslims. Thus, the testimony of both Muslims and non-Muslims is admissible.
أَنتُمۡ ضَرَبۡتُمۡ فِى ٱلۡأَرۡضِ (If you are travelling in the land) – This gives the procedure for securing testimony in a situation of great necessity. The intent is not that there should not be any witnesses or bequest besides them.
تَحۡبِسُونَهُمَا – The mention of detaining them in تَحۡبِسُونَهُمَا is for the purpose of making them witnesses and it is stated that this be done after prayer because during prayer a person returns to the remembrance of Allah and the objective circumstances are such that there is danger of dubious testimony. According to Ibn Abbas, by ٱلصَّلَوٰةِ is meant the prayer of the witness prescribed by his faith, that is if the witness is a Christian then the prayer of Christianity. The meaning of ٱلصَّلَوٰةِ here should only be interpreted as prayer.
5-107 If it be discovered that they are guilty of a sin, two others shall stand up in their place from among those against whom the first two have been guilty of a sin; so they shall swear by Allah: Certainly our testimony is truer than the testimony of those two, and we have not exceeded the limit, for then surely we should be unjust.a
فَإِنۡ عُثِرَ عَلَىٰٓ أَنَّهُمَا ٱسۡتَحَقَّآ إِثۡمً۬ا فَـَٔاخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ ٱلَّذِينَ ٱسۡتَحَقَّ عَلَيۡہِمُ ٱلۡأَوۡلَيَـٰنِ فَيُقۡسِمَانِ بِٱللَّهِ لَشَہَـٰدَتُنَآ أَحَقُّ مِن شَہَـٰدَتِهِمَا وَمَا ٱعۡتَدَيۡنَآ إِنَّآ إِذً۬ا لَّمِنَ ٱلظَّـٰلِمِينَ (١٠٧)
5-107a: عُثِرَ – The meaning of عَثر الرجلُ is he fell down. Then it is also used to describe a person who is imparted information about an affair without his seeking it (R).
ٱسۡتَحَقَّآ – The meaning of اِسۡتحقّ الشئ is اِسۡتَوجَبَه‘ , that is, made it expedient (LA). So the meaning of ٱسۡتَحَقَّآ إِثۡمً۬ا is that they made it expedient for themselves to sin, that is, they perpetrated a sin.
ٱلَّذِينَ ٱسۡتَحَقَّ عَلَيۡہِمُ ٱلۡأَوۡلَيَـٰنِ – Here أَوۡلَيَـٰنِ is the subject of ٱسۡتَحَقَّ and its object is omitted but it is understood, that is اثم which has just gone before. By عَلَيۡہِمُ is meant the aggrieved party against whom the sin has been committed. So the meaning of the sentence is: Two other persons from the aggrieved party against whom the sin has been committed should stand up, the aggrieved party being the heirs of the deceased.
The rule imparted here is that the evidence of the witnesses when there is circumstantial evidence against them can be contradicted. Thus, the Islamic shariah provides remedy against the evidence of false witnesses. The meaning is that if there is circumstantial evidence against the false testimony of the witnesses, the true inheritors of the wealth can produce their witnesses to rebut the false testimony.
5-108 Thus it is more probable that they will give true testimony or fear that other oaths will be taken after their oaths. And keep your duty to Allah and hearken. And Allah guides not the transgressing people.a
ذَٲلِكَ أَدۡنَىٰٓ أَن يَأۡتُواْ بِٱلشَّہَـٰدَةِ عَلَىٰ وَجۡهِهَآ أَوۡ يَخَافُوٓاْ أَن تُرَدَّ أَيۡمَـٰنُۢ بَعۡدَ أَيۡمَـٰنِہِمۡۗ وَٱتَّقُواْ ٱللَّهَ وَٱسۡمَعُواْۗ وَٱللَّهُ لَا يَہۡدِى ٱلۡقَوۡمَ ٱلۡفَـٰسِقِينَ (١٠٨)
5-108a: عَلَىٰ وَجۡهِهَآ – Discharging the evidence عَلَىٰ وَجۡهِهَآ means to give true testimony or according to facts. Under this rule every witness will be worried that if he lies, his evidence can be rebutted.