Commentary
'In the name of Allah, the Most Gracious, the Most Merciful' His saying - glorified and exalted is He -: "It has been made lawful for you to hunt the sea and its food as a provision for you and for the travelers. And it has been made unlawful for you to hunt the land while you are in a state of ihram. And fear Allah to whom you will be gathered." "Allah has made the Kaaba, the Sacred House, a standing place for the people, and the Sacred Month, and the sacrificial animals, and the collars. That is so you may know that Allah knows what is in the heavens and what is in the earth, and that Allah is All-Knowing of everything." "Know that Allah is severe in punishment and that Allah is Forgiving and Merciful." This is a ruling regarding the permissibility of hunting in the sea; it includes all that is caught from its fish; and this permissibility is for the one in ihram and for the one not in ihram; and the hunting here also refers to the catch; and it has been attributed to the sea because of what comes from it; and the sea is the vast water; whether salty or fresh; and every large river is a sea. People have differed in the meaning of His saying: "And its food"; Abu Bakr as-Siddiq and Umar ibn al-Khattab - may Allah be pleased with them - and a large group of the Companions and the Followers and those after them said: It is what is cast by it; and what floats on it; because that is food, not hunting; and a man asked Ibn Umar about fish that the sea had thrown out; he forbade him from it; then he recited from the Mus'haf and said to Nafi': 'Follow him and command him to eat it; for it is food from the sea'; and this interpretation looks to the words of the Prophet - blessings and peace be upon him -: "Its water is pure and its dead are lawful." Ibn Abbas and Sa'id ibn Jubair and Ibrahim an-Nakha'i and a group said: "Its food" refers to all that has been salted from it; and remains; and those are the products that enter it; and return it to food; and hunting is what is sought; and some said: "Its food" is its salt that coagulates from its water; and everything in it from plants and similar things. Some people disliked the water pig; and Malik - may Allah have mercy on him - said: You say: 'Pig'; and his school permits it. And the saying of Abu Bakr and Umar - may Allah be pleased with them - is the most preferred of the sayings; and it is the school of Malik. Ibn Abbas and Abdullah ibn al-Harith read: "And its food" with a damma on the ta and a sukoon on the 'ain, without an alif. And "as a provision" is in the accusative as a source; and the meaning is: "He has provided you with it as a provision that you may benefit from and consume"; and "for you" refers to those present at the sea and its cities; and "and for the travelers": the travelers; and Mujahid said: The people of the villages are those addressed; and the travelers are the people of the cities. The judge Abu Muhammad - may Allah have mercy on him - said: It seems he means the people of the coastal villages; and that the travelers from the people of the cities other than those villages bring it to the cities. Scholars have differed regarding the implication of His saying: "And it has been made unlawful for you to hunt the land while you are in a state of ihram"; some received it generally from all directions; and they said: The one in ihram is not permitted to hunt; nor to order hunting; nor to eat hunting caught for him; nor for any other reason; and the meat of the hunted is forbidden for the one in ihram in any case.
It is narrated that Uthman performed Hajj; and Ali ibn Abi Talib performed Hajj with him. Uthman was presented with the meat of game that was lawfully hunted; he ate from it; and Ali did not eat. Uthman said: By Allah, we did not hunt; nor did we order it; nor did we indicate it. Ali said: "And the hunting of land game is forbidden to you as long as you are in Ihram."
It is narrated that Uthman appointed Abu Sufyan ibn al-Harith over the offerings; he hunted some quails; and he placed them in a pen. Uthman ibn Affan - may Allah be pleased with him - passed by and cooked them; and he presented them to him. Then Ali ibn Abi Talib came; and he forbade them from eating; and he mentioned something similar to what was previously stated. He said: Then when they were in Mecca, Uthman was approached and it was said to him: Do you have any interest in Ali? A dish of a donkey was presented to him, and he was eating from it. Uthman sent to him; and he asked him about eating the dish. He said to him: "As for you, you eat; and as for us, you forbid us." Ali replied: "Indeed, it was hunted last year; and I am lawful; so there is no harm upon me in eating it; and the hunting of that - meaning the quails - while I am in Ihram; and it was slaughtered while I was in a state of Ihram." Similar words to those of Ali were narrated from Ibn Abbas; Ibn Umar; Tawus; and Sa'id ibn Jubair.
Umar ibn al-Khattab - may Allah be pleased with him - did not see any harm for the one in Ihram to eat the meat of the game that was lawfully hunted for a lawful person like him; and for himself. Abu Huraira was asked about this issue; and he ruled it permissible; then he informed Umar ibn al-Khattab - may Allah be pleased with him - who said to him: If you had ruled otherwise, I would have struck your head with this stick. Abu Sha'tha asked Ibn Umar - may Allah be pleased with both of them - about this matter, and he said to him: Umar used to eat it. He said: I said: And you? He said: Umar was better than me. It was narrated from Ibn Abbas - may Allah be pleased with both of them - that he said: Whatever is hunted or slaughtered while you are lawful, it is lawful for you; and whatever is hunted or slaughtered while you are in a state of Ihram, it is forbidden for you.
The judge Abu Muhammad - may Allah have mercy on him - said: And this is similar to the words of Ali ibn Abi Talib - may Allah be pleased with him.
And 'Ata narrated from Ka'b who said: I came with a group of people in Ihram; and we found the meat of a wild donkey; and they asked me about eating it, and I ruled it permissible for them; then we came to Umar and informed him of that; and he said: I have appointed him over you until you return; and Uthman ibn Affan - may Allah be pleased with both of them - and Al-Zubair ibn al-Awwam said similarly; and this is correct; because the Prophet - blessings and peace be upon him - ate from the donkey that Abu Qatadah hunted while he was lawful; and the Prophet - peace be upon him - was in a state of Ihram.
Al-Tabari said: And others said: It is only forbidden for the one in Ihram to hunt; but as for buying the game from its owner and slaughtering it; and eating it; that is not forbidden. Then he mentioned that Abu Salamah ibn Abd al-Rahman bought a crippled goat; and he ate it; and the people criticized him for that.
And Malik - may Allah have mercy on him - permits the muhrim to eat what halal has hunted and slaughtered; if it was not hunted for the sake of the muhrim; but if it was hunted for him, then he should not eat it; and Shafi'i said likewise; then they differed if he ate; Malik said: he has to make expiation; and Shafi'i said: there is no expiation upon him.
And Ibn Abbas - may Allah be pleased with both of them - read: "And He has forbidden"; with a فتح on the حاء; and the راء is doubled; "hunting"; with a نصب on the دال; "as long as you are in a state of ihram"; with a فتح on the حاء; the meaning is: "And Allah has forbidden upon you"; and "in a state of ihram"; applies to all; and to the singular; like "رضا"; and similar to it; and the meaning is: "as long as you are in a state of ihram"; thus it is in meaning like the reading of the congregation with a ضم on the حاء; and the راء.
(p-266) And there is no disagreement that what has no cessation from water is hunting from the sea; and what has no cessation from land is hunting from the land; and there is a difference regarding what may live in one of them and can survive in the other; Malik - may Allah have mercy on him -; and Abu Mujliz; and Ata; and Sa'id ibn Jubair; and others said: everything that lives on land and has life in it is from the hunting of the land; if the muhrim kills it and slaughters it; and Abu Mujliz mentioned in this the frogs; and the turtles; and the crab.
The judge Abu Muhammad - may Allah have mercy on him - said: and among these are types that have no cessation from water; thus they are certainly from the hunting of the sea; and on this Malik's answer regarding frogs in the "Al-Mudawwana" was based; for he said: frogs are from the hunting of the sea; and it has been narrated from Ata ibn Abi Rabah contrary to what we have mentioned; which is that he considered the majority of the animal's habitat; he was asked about the ابن الماء; is it hunting from the land or hunting from the sea? He said: wherever it is most, then it is from it; and wherever it breeds, then it is from it.
The judge Abu Muhammad - may Allah have mercy on him - said: and the correct view regarding the ابن ماء is that it is hunting from the land; a bird that grazes; and eats grain.
And His saying - the Most High -: ﴿And fear Allah﴾; is a warning and a reminder following this permissibility and prohibition; then He reminded - the Most High - of the matter of resurrection and the Day of Judgment; emphasizing the warning.
And when it became clear in these verses the greatness of the sanctuary; and the sanctity of the state of ihram; for the sake of the Kaaba; and that it is the House of Allah and the element of these virtues; Allah, the Exalted, mentioned in His saying, glorified and exalted is He: ﴿Allah made﴾; the verse; what He ordained for the people; and guided them to it; and the ignorance of the ignorant ones carried them to adhere to it, that the Kaaba is a foundation; and the sacrificial animals are a foundation; and the necklaces are a foundation; meaning anything that serves the people with security; and the permissibility of war; as kings do who are the foundation of the world; so when that nation had no king for them; Allah made these things as if they were a king for them; and He made it known that the adherence of the people to that is what He legislated and approved; and it indicates the measure of these matters in their souls. "When the Prophet - blessings and peace be upon him - was sent a messenger by Quraysh during the time of Hudaybiyyah, Al-Hulays; when the Prophet - blessings and peace be upon him - saw him, he said: 'This is a man who honors the sanctity; so send him with the sacrificial animals that are marked.' When Al-Hulays saw it, he honored that; and said: 'It is not appropriate to stop these people;' and he returned from their message."
And "made"; in this verse means "rendered"; and "the Kaaba"; is the House of Mecca; and it was called "Kaaba"; for its squareness; the people of language said: every square house is a cubic one; and Kaaba; and from it is the saying of Al-Aswad ibn Ya'fur:
The people of Khawarnak and Sadir and Barq ∗∗∗ and the house with the cubes from Sindad.
They said: There were square houses in it; and in the book of the biography of Ibn Ishaq, it is mentioned that there was in Khath'am a house they called "the Yemeni Kaaba"; and some people said: It was named "Kaaba"; for its height; and its elevation on the ground; and from it is "Ka'aba the breast of the girl"; and from it: "the ankle of the foot"; and from it: "the corners of the spear".
And "standing"; means: a matter that serves the people with security; and benefits; as the king is the foundation of the subjects; and their standing; that is said with the 'ya'; like "the fasting"; and similar to it; and that is for the lightness of the 'ya'; so things from the ones with 'waw' are used with it; and the term 'qiyam' can be used in its original sense; the poet said:
The foundation of the world and the foundation of the religion.
And some of the interpreters went to say that the meaning of His saying, the Exalted, ﴿a foundation for the people﴾; means: a place of obligation for standing with the rituals; and acts of worship; and controlling the souls in the sacred month; and with the sacrificial animals and the necklaces.
And Ibn 'Amir read alone: "qiyaman"; without the 'alif'; and this is either because it is a source; like "the satiation"; and similar to it; and it was made defective so it was not treated like "compensation"; and "turning"; in terms of its verb being defective; and it is more likely that the sources are made defective due to the defects of their actions; and it is possible that "qiyaman" has the 'alif' omitted; and it is intended; and the ruling on this is that it comes in poetry; and not in abundance.
And Al-Jahdari read: "qayyiman"; with the opening of the 'qaf'; and the emphasis of the broken 'ya'.
'And the month' here is a name of a genus; and the intended meaning is the three months; by consensus of the Arabs; and the month of [UNTRANSLATED-LATIN:Mudar]; it is 'Rajab'; the one that is deaf; it was named so because the sound of iron was not heard in it; and they called it the month of the removal of spearheads; because they would remove the spearheads in it; and it is the month of Quraysh; and for it, 'Awf ibn al-Ahwas' says:
'And the month of Banu Umayyah and the gifts ∗∗∗ ∗∗∗ when the blood-soaked ones are driven.'
And the Prophet - blessings and peace be upon him - named it 'the month of Allah'; meaning 'the month of the family of Allah'; and it was said to the people of the sanctuary: 'the family of Allah'; and it is possible that it is called 'the month of Allah' because Allah ordained it; and emphasized it; as many of the Arabs did not see it.
As for the sacrificial animals, they were a security for whoever drove them; because he knows that he is in worship; he did not come for war; and as for the collars, likewise; when a man would go out intending to perform Hajj, he would wear something from the leaves of the samur tree; or something else; and that was a security for him; and the matter was great in their souls; Allah enabled it; until no one who was not in a state of ihram could wear anything; out of fear of Allah; and likewise when they returned, they would wear from the trees of the sanctuary.
And His saying, the Exalted: 'for the people'; is a general term; and some of the interpreters said: he meant the Arabs.
Qadi Abu Muhammad - may Allah have mercy on him - said: there is no reason for this specification; and Said ibn Jubair said: Allah made these matters for the people; and they do not hope for Paradise; nor do they fear Hell; then He emphasized that with Islam.
And His saying, the Exalted: 'that'; is an indication that He made these matters a standing; and the meaning is: 'He did that so that you may know that Allah, the Exalted, knows the details of the matters of the heavens and the earth; and He knows your interests, O people; before and after; so look at His kindness to the servants in the state of their disbelief.'
And His saying, the Exalted: 'with all things, He is Knowing'; is a complete generality in the particulars; and the subtleties of existents; as He, the Mighty and Majestic, said: 'And not a leaf falls but He knows it' [Al-An'am: 59]; and saying other than this is heresy in religion and disbelief.
Then the Exalted frightened His servants; and encouraged them with His saying: 'Know that Allah' - the verse; and thus is the matter in itself; it is fitting for the servant to be fearful; acting according to fear; pious; and feeling secure according to hope.
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