Tafsir for verse: 5:95
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ لَا تَقۡتُلُواْ ٱلصَّيۡدَ وَأَنتُمۡ حُرُمٞۚ وَمَن قَتَلَهُۥ مِنكُم مُّتَعَمِّدٗا فَجَزَآءٞ مِّثۡلُ مَا قَتَلَ مِنَ ٱلنَّعَمِ يَحۡكُمُ بِهِۦ ذَوَا عَدۡلٖ مِّنكُمۡ هَدۡيَۢا بَٰلِغَ ٱلۡكَعۡبَةِ أَوۡ كَفَّٰرَةٞ طَعَامُ مَسَٰكِينَ أَوۡ عَدۡلُ ذَٰلِكَ صِيَامٗا لِّيَذُوقَ وَبَالَ أَمۡرِهِۦۗ عَفَا ٱللَّهُ عَمَّا سَلَفَۚ وَمَنۡ عَادَ فَيَنتَقِمُ ٱللَّهُ مِنۡهُۚ وَٱللَّهُ عَزِيزٞ ذُو ٱنتِقَامٍ ٩٥ ﴿95
95O you who believe, do not kill game when you are in IHrām (state of consecration for Hajj or ‘Umrah). If someone from among you kills it deliberately, then compensation (will be required) from cattle equal to what one has killed, according to the judgement of two just men from among you, as an offering due to reach the Ka’bah, or an expiation, that is, to feed the poor, or its equal in fasts, so that he may taste the punishment of what he did. Allah has forgiven what has passed, but whoever does it again, Allah shall subject him to retribution. Allah is Mighty, Lord of Retribution.
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Commentary

And when He informed them of the trial, He made clear to them what He hinted at by mentioning the fear of being prohibited from exposing themselves to what He tested them with. He said - alluding to the description that forbids transgression -: "O you who have believed"; and He mentioned killing, which is broader than slaughtering. This indicates that hunting, due to the aversion that prevents being able to slaughter it, is restricted in any way that is considered killing. He said: "Do not kill the game"; meaning: do not hunt what is permissible to eat from the wild. As for what is not permissible to eat, killing it is allowed, for there is no benefit for the soul in killing it except for relieving it from its harm, which is intended by the sin in His saying, blessings and peace be upon him: "There are five in the animals that are harmful; there is no sin upon one who kills them in a sacred place or outside of it"; and He mentioned among them the ordinary predator. Thus, the ruling of lifting the sin after the description of sinfulness indicates that it is the reason for permissibility; and there is no meaning to its sinfulness except its harm. "And you are in a state of ihram"; meaning: you are prohibited or in the sacred area.

And when He - glorified and exalted is He - knew that there must be a conformer; following His command; and a dissenter; in accordance with His intent; He legislated for those who dissent an expiation; as a relief from Him upon this nation; and a lifting of what was upon those before it from burdens; He said - adding to what you estimate: "So whoever stops, for him is a great reward with his Lord -: ﴿And whoever kills him among you intentionally﴾; meaning: intending for the hunt; remembering the state of ihram; if he was in ihram; and the sacred precinct; if he was in it; knowing of the prohibition; and when this intentional act necessitates sin; and recompense; and whenever a description of it is flawed, it is only a mistake necessitating recompense; and He - glorified and exalted is He - had pardoned the companions - may Allah be pleased with them - the intentional act that was the cause of the revelation of the verse; as in its end; He did not mention it; and limited Himself to mentioning the recompense, saying: ﴿So the recompense﴾; meaning: so the compensation; ﴿is like what he killed﴾; meaning: the closest things in resemblance to it in form; not in type; and He described the recompense by saying: ﴿of livestock﴾; for what he killed; meaning: it is upon him to compensate what he killed with something like it; and this is from the addition of the source to the doer; this is according to the reading of the majority; by adding "the recompense" to "like"; and as for the reading of the Kufans and Ya'qub with the tanween of "recompense"; and the raising of "like"; the matter is clear. And when it was as if it was said: By what is the similarity known? He said: ﴿He judges by it﴾; meaning: by the recompense; and when the aspects of similarity between the hunted and livestock are many; that requires further contemplation; He said: ﴿two just men from among you﴾; meaning: from the Muslims; and according to ash-Shafi'i, that which has a like is twofold: what the companions judged in it; and what they did not judge in it; so what they judged in it cannot be compared to anything else; because they judged by it two just men; thus it falls under the verse; and they are more deserving than others; because they witnessed the revelation; and were present at the interpretation; and what they did not judge in it is referred back to the ijtihad of two just men; and one looks to the three types of livestock; and whatever is closest in resemblance to it necessitates it; and if the killing was a mistake, it may be that the doer is one of the two judgments; but if it was intentional, then no; because he becomes sinful by it. And when this like is brought to Mecca, the honored, in a manner of honor and worship; as a kindness to its poor; He said - clarifying his state from the pronoun in "by it" -: ﴿as an offering﴾; and when the offering is what has been previously explained; He specified it; saying: ﴿reaching the Kaaba﴾; meaning: the sacred precinct attributed to it; and He specified it for the sake of glorification; and informing that it is the intended one for visitation; and for the construction; for the establishment of what will be mentioned; the offering is slaughtered in the honored Mecca; and it is given as charity to the poor of the sacred precinct; and the addition is verbal; because the description of it is like "reaching"; hence it was described by the indefinite.

And when He - glorified and exalted is He - was merciful to this nation, He gave them a choice between that and what comes after. He said: "Or"; upon it; "a compensation"; it is; "the food of the needy"; in the sacred place; to the extent of the value of the sacrificial offering; for every needy person a measure; "or the equivalent of that"; meaning: the value of the like; "fasting"; in any place that is easy for him; for every measure a day; so "or" is for choice; because it is the original meaning in it; and the statement that it is for arrangement needs evidence.

And when the matter was prescribed for the deliberate offender, he said - commenting on the recompense; meaning: he must be compensated by what diminishes wealth; or harms the body -: "So that he may taste the consequences"; meaning: the burden; "of his affair"; and the bad outcome of it; so that he may take heed from what he fell into. And when this recompense was ruled in the abode of action; which its people do not perceive - merely by their intellects in it - any unseen matter; nor do they know the outcome of a matter except by conjecture; the ruling was excluded for the unintentional offender; so that the deliberate offender does not claim that he is mistaken; all of this is a protection for the sanctity of the religion; and a safeguarding of the sanctity of the law; and a preservation of its aspect; and a care for its affair. And when it was that some of them had passed before its revelation from this type, they were as if they said: So how shall we act with what we have done? He said - in response -: "Regarding what has passed"; meaning: his deliberate act; meaning: for you in that; so whoever protects himself after this has succeeded; "and whoever returns"; to deliberately doing something of that; even if it is little; and when the subject is inclusive of the meaning of condition; he coupled the news with the letter 'fa'; informing of the causality; so he said: "Then Allah will take vengeance"; meaning: the One to whom belongs all matters; "from him"; meaning: because of his return; with what he deserves of vengeance.

And when the doer of that is violating the sanctity of the state of ihram; and the sacred place; and the estimation is: "So Allah is capable of it"; he added to that what the occasion necessitated by bringing the greatest name; and the description of might; so he said: "And Allah"; meaning: the supreme king; whose greatness is unmatched; "is Exalted"; He cannot be overcome; "the Avenger"; from whoever opposes His command.

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