Commentary
'In the name of Allah, the Most Gracious, the Most Merciful' The Exalted said: ﴿Indeed, He has only forbidden to you the dead animal, and blood, and the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced by necessity, neither desiring to transgress nor exceeding the limit, there is no sin upon him. Indeed, Allah is Forgiving and Merciful.﴾ The word 'Indeed' has restricted these prohibitions at the time of the revelation of the verse. Then, prohibitions were revealed after that. The majority of people read: 'the dead animal' in a softened form, while Abu Ja'far ibn al-Qaqa' read it with emphasis, which is the original form, and the softening is an addition to it. The factor for its accusative case is 'forbidden.' A group read: 'the dead animal' in the nominative case, on the basis that 'what' means 'that which.' The judge Abu Muhammad, may Allah have mercy on him, said: The fact that 'what' is connected to 'Indeed' weakens this and confirms that it is restrictive and 'what' is comprehensive. If it means 'that which,' then it must be separate, and that is contrary to the script of the mushaf. The majority read: 'forbidden' meaning: Allah has forbidden. A group read: 'was forbidden' without naming its doer, and this is with the raising of 'the dead animal,' and it must be. The judge Abu Muhammad, may Allah have mercy on him, said: The forbidden dead animal is that which died from a land animal that has a flowing soul by its own death. As for that which does not have a flowing soul, like locusts, flies, mosquitoes, fig worms, and the animal of beans, and that which died from fish by its own death and floated on the water, there are two opinions in the madhhab regarding it. And that which died by its own death from the animal that lives in water and on land, like turtles and the like, there are two opinions regarding it, and the prohibition here is more apparent, unless the predominant aspect of it is living in water. The forbidden blood is that which flows if left alone. As for that which mixed with the meat and settled in it, it is permissible to cook that meat with it, and no one is obliged to follow it. The blood of fish is disputed regarding its permissibility, even if it flows if left alone. The flesh of swine is mostly what is intended here, and that is why it was specifically mentioned. The ummah has agreed on the prohibition of its fat and its organs. From its specification, a group has inferred the permissibility of benefiting from its skin if tanned and worn, while the first opinion is its total prohibition. As for its hair, benefiting from it is permissible, and a group said: that is not permissible, and the first is more preferable. ﴿And that which has been dedicated to other than Allah.﴾ This means everything that was intended to be slaughtered not for the purpose of drawing closer to Allah, and the offerings to other than Him. Whether one spoke of that at the time of slaughtering or did not speak, the expression has gone beyond that with 'dedicated,' and its meaning is correct according to the custom of the Arabs. It was intended to indicate the act of mentioning it, and that is because they would, when bringing a sacrifice to an idol, proclaim the name of that idol and shout it.
And His saying: ﴿So whoever is compelled﴾, a group said: its meaning is: he was forced. The majority said: its meaning is: he was compelled by hunger and need. A group read: "So whoever" with a dammah on the noon, "is compelled" with a dammah on the ta. Another group read: "So whoever" with a kasrah on the noon, "is compelled" with a kasrah on the ta, based on the original being: "was compelled", so the vowel of the ra was transferred to the ta and the ra was assimilated into the ra. And His saying: ﴿not transgressing﴾, a group said: it is the one who oppresses the imam, or in robbing the road, and generally in the travel of sins, and the transgressor in its meaning is that he intends to commit a sin. The majority said: ﴿not transgressing﴾ means: not using these prohibitions while there are other alternatives. ﴿nor transgressing﴾ means: he does not exceed the limits of Allah in this.
Qadi Abu Muhammad, may Allah have mercy on him, said:
And this saying is more preferable and broader in the allowance.
And a group said: transgressing and exceeding in eating and provision. People differed regarding the manner of eating from carrion - a group said: what is permissible from that is only what sustains life. Another group said: rather, complete satisfaction is permissible. And a group - among them Malik, may Allah have mercy on him - said: satisfaction and provision are permissible. Some grammarians said regarding His saying: "transgressing": that it is reversed from returning, like a person complaining of a weapon, and like the day of rest, and like the saying of the poet:
The trees are covered with the leaves and the branches.
And His saying: ﴿Indeed, Allah is Forgiving and Merciful﴾ necessitates permission for the compelled. The permission in these words has emerged with caution and restriction in its matter, to indicate the gravity of the danger in these prohibitions. The ultimate goal of this allowance for him is Allah's forgiveness for him and the removal of what would have befallen him from sin had it not been for his necessity. And this derivation that we mentioned is understood by eloquent speakers from the wording, and there is nothing in its meaning. It is merely an implication, and likewise, He made its ultimate goal in another place that there is no sin upon him, even though "there is no sin upon him" and His saying: "it is permissible for him" refer to one meaning, for in the form of the two words there is a difference.
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