Surah Al-Maaida (5) — Ayah 44

(Ayah 44) ➊ {اِنَّاۤ اَنْزَلْنَا التَّوْرٰىةَ فِيْهَا هُدًى وَّ نُوْرٌ …… :} In this, there is a warning for the Jews who denied the punishment of stoning (rajm) and an encouragement for them to adopt the way of their predecessors, prophets, pious scholars, and rabbis. (Kabir) Among the Children of Israel, after Musa (Moses) (peace be upon him) until Isa (Jesus) (peace be upon him), there were many prophets upon whom no new book was revealed, and in their times, they used to advise people to act upon the Torah and would judge among them according to its rulings. Isa (peace be upon him) himself was not given a new law; rather, the purpose of his prophethood was to revive the law of the Torah. { ”الَّذِيْنَ اَسْلَمُوْا“ } This is a praiseworthy attribute, and the meaning of these prophets being obedient is that they were followers of the religion of Ibrahim (Abraham), or that they were obedient to Allah. (Qurtubi, Kabir)

➋ {بِمَا اسْتُحْفِظُوْا مِنْ كِتٰبِ اللّٰهِ:} The "ba" of {’’ بِمَا ‘‘} is connected to {”الرَّبّٰنِيُّوْنَ وَ الْاَحْبَارُ“}, meaning that in the times when there was no prophet, these ascetics and learned people used to judge among the Jews according to the Torah, because the prophets had appointed them as the guardians of Allah's book, the Torah, and the meaning of {’’ شُهَدَآءَ ‘‘} is that they were witnesses to the Torah being from Allah. Some scholars have stated that the "ba" of {’’ بِمَا اسْتُحْفِظُوْا ‘‘} is connected to {’’ يَحْكُمْ ‘‘}, meaning that they judged according to the trust of Allah's book that was entrusted to them. (Qurtubi, Kabir)

➌ The responsibility for the protection and guardianship of the Torah was given to the scholars and pious people, but the protection of the Quran and the Shariah of Muhammad (peace be upon him) was taken up by Allah Himself, as He said: «اِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَ اِنَّا لَهٗ لَحٰفِظُوْنَ » [ الحجر : ۹ ] "Indeed, We have sent down the Reminder, and indeed, We will surely be its Guardian." Although the work of protecting the Quran was also carried out by the scholars and pious scholars, because Allah Himself took responsibility for it, the difference between the preservation of the Torah and the Quran is evident to all.

➍ {فَلَا تَخْشَوُا النَّاسَ وَ اخْشَوْنِ:} Meaning, you too should follow in the footsteps of your prophets and elders, and do not alter the Torah in any way, neither by hiding it nor by giving a wrong ruling to gain worldly benefit, because the world, no matter how much, is little, and in speaking the truth and in mentioning the circumstances of Muhammad (peace be upon him) that are mentioned in it, do not care about people, nor fear them, but keep only the fear of My vengeance and punishment in your hearts. Hasan Basri (may Allah have mercy on him) says: "Allah has made three things obligatory upon rulers: (1) Do not follow desires: «وَ لَا تَتَّبِعِ الْهَوٰى فَيُضِلَّكَ عَنْ سَبِيْلِ اللّٰهِ» [صٓ : ۲۶] and He said: «يَحْكُمُ بِهَا النَّبِيُّوْنَ الَّذِيْنَ اَسْلَمُوْا» [ المائدۃ : ۴۴ ] (2) Do not fear people in making correct judgments: «فَلَا تَخْشَوُا النَّاسَ وَ اخْشَوْنِ» [ المائدۃ : ۴۴ ] (3) And do not make wrong judgments by taking bribes: «وَ لَا تَشْتَرُوْا بِاٰيٰتِيْ ثَمَنًا قَلِيْلًا» [ المائدۃ : ۴۴ ] [بخاري، الأحكام، باب متي يستوجب الرجل القضاء، قبل ح : ۷۱۶۳] All three of these matters are mentioned in this verse.

➎ {وَ مَنْ لَّمْ يَحْكُمْ بِمَاۤ اَنْزَلَ اللّٰهُ:} This address is to the Jews, meaning that when they knowingly conceal the rulings of the Torah and do not wish to act upon them, then it clearly means that despite their verbal claims, they are disbelievers. A Muslim ruler can only be declared a disbeliever when he denies the Quran and Hadith and issues a ruling against them; there is no doubt about the disbelief of such a person.

44. 1 (لِلَّذیْنَ ھَادوْ ا) Its connection is with یَحُکْمُ. That is, they used to make decisions related to the Jews.
44. 2 اَ سْلَمُوْا This is stated as a characteristic of the Prophets, that all the Prophets were followers of the religion of Islam, to which Muhammad is inviting. That is, the religion of all the Prophets has always been the same. Islam, whose fundamental call was that only one Allah should be worshipped and no one should be associated with Him in worship. Every Prophet first presented this call of monotheism and sincerity to his people. (وَمَآ اَرْسَلْنَا مِنْ قَبْلِكَ مِنْ رَّسُوْلٍ اِلَّا نُوْحِيْٓ اِلَيْهِ اَنَّهٗ لَآ اِلٰهَ اِلَّآ اَنَا فَاعْبُدُوْنِ) 21:25 "We did not send any Messenger before you except that We revealed to him that there is no deity except Me, so worship Me alone." This is also called "ad-din" in the Quran. As stated in Surah Ash-Shura, verse (شَرَعَ لَكُمْ مِّنَ الدِّيْنِ مَا وَصّٰى بِهٖ نُوْحًا) 42:13, in which the same subject is mentioned, that for you We have prescribed the same religion which We prescribed for the previous Prophets before you.
44. 3 Thus, they did not alter the Torah in any way, as people did later.
44. 4 That this book is protected from addition and omission and is revealed from Allah Almighty.
44. 5 That is, do not conceal the original commandments of the Torah out of fear of people, nor alter them for a small worldly gain.
44. 6 Then how did you become content with disbelief in exchange for faith?

44. Indeed, We sent down the Torah, in which was guidance and light. The prophets who submitted to Allah judged by it for the Jews [80], as did the godly people and the scholars, for they were entrusted with the protection of Allah’s Book and were witnesses to it. So do not fear the people, but fear Me, and do not sell My verses for a small price [81]. And whoever does not judge by what Allah has revealed—such people are the disbelievers.

[80]
The Jewish Religion is Not Revealed:

This means that the Jewish religion is not a revealed religion. Nor were they commanded in the Book of Allah to become Jews; rather, it refers to those people who had incorporated many things into their beliefs and actions and began to call themselves Jews. The Book of Allah that Allah had revealed, the Torah, was a code of conduct according to which all the obedient (Muslim) prophets themselves acted, and the disputes of these Jews were also decided according to this Book of Allah. The pious scholars and elders among them also used to decide according to it, because Allah had entrusted the responsibility of safeguarding the Book of Allah to these people. This safeguarding was in two forms: one intellectual, the other practical. Intellectual safeguarding meant that neither should the words of the Torah be altered, amended, or abrogated, nor should its verses be misinterpreted. Practical safeguarding meant that it should be acted upon correctly and decisions should be made accordingly. But later, when unworthy scholars and elders arose, they committed both interpretive and literal distortions. Some verses were concealed, and some additions were included in the Book of Allah, and thus they began to sell the Book of Allah for worldly gain. That is, from a practical perspective as well, they set aside the commands of the Book of Allah.

[81] In terms of the context, this sentence is addressed to the Jews, but in terms of the actual subject, its address is general, which includes not only Jews and Christians but also Muslims. It is stated that not judging according to the Book of Allah or the revealed revelation from Allah is the work of disbelievers, not of Muslims.

[82]
The Rulings of Previous Laws in the Shariah of Muhammad:

Here, one fundamental point should be remembered: any ruling that was given to the Jews in the Torah and is mentioned in the Quran without any mention of amendment or abrogation, and the Prophet ﷺ did not object to it, then that ruling, as it is, will also be applicable to Muslims, whether or not the Quran separately states it for Muslims. One example is this very verse, and another example is the ruling of stoning (rajm). The form of qisas (retaliation) described in this verse is supported and explained by the hadiths, as seen in the following narrations:

1. Sayyiduna Anas ؓ reports that a Jew crushed the head of a Muslim girl, who was wearing jewelry, merely to obtain the jewelry. The girl was asked who had crushed her head—was it so-and-so or so-and-so? Until, when the name of the Jewish killer was mentioned, she indicated with her head, yes, it was that Jew. The Prophet ﷺ had the Jew brought, and when he confessed to the crime, the Prophet ﷺ had his head crushed between two stones.
[مسلم۔ كتاب القسامه۔ باب ثبوت القصاص فى القتل بالحجر ۔ بخاري۔ كتاب الديات۔ باب سوال القاتل حتي يقرو الاقرار فى الحد۔ باب اقاد بحجر]

2. Sayyiduna Ya'la ؓ says: I went on a campaign. There, one person bit another with his teeth. The other pulled his hand away forcefully, causing the biter's tooth to break. The biter then came to the Prophet ﷺ seeking retaliation. The Prophet ﷺ rejected his claim for retaliation and said, "Would he have left his hand in your mouth so that you could chew it like a camel chews?"
[بخاری۔ کتاب الدیات۔ باب اذا عض رجلا]

3.
The Rulings of Qisas:

The Prophet ﷺ said, "The blood money for a life is one hundred camels."
[نسائی۔ کتاب القسامۃ والقود الدیۃ۔ باب ذکر حدیث عمر و بن حزم فی العقول]

4. Sayyiduna Anas ؓ reports that his paternal aunt, Rubayyi' bint Nadr, broke the tooth of an Ansari girl. The heirs of the girl demanded retaliation. The case was brought to the Prophet ﷺ, and he ordered retaliation. Anas bin Nadr ؓ, who was the uncle of Anas bin Malik ؓ (and the brother of Rubayyi'), said, "O Messenger of Allah! By Allah, it will never happen that Rubayyi's tooth is broken." The Prophet ﷺ said, "Anas, (what are you saying?) Qisas is the command of Allah." Then (by Allah's power) the heirs of the girl agreed to pardon and accept blood money. At that time, the Prophet ﷺ said, "There are some servants of Allah who, (trusting in Allah,) swear an oath, and Allah fulfills their oath."
[بخاری۔ کتاب التفسیر۔ نیز کتاب الدیات۔ باب السن بالسن۔ مسلم کتاب القسامۃ]

5. Sayyiduna Abu Hurairah ؓ reports that during the time of the Messenger of Allah ﷺ, a man was killed. The Prophet ﷺ handed the killer over to the heirs of the slain. The killer said, "O Messenger of Allah! By Allah, I did not intend to kill." The Prophet ﷺ said to the heirs of the slain, "If the killer is truthful (in his statement) and you kill him, then you will go to Hell." So the heirs let him go.
[ترمذی۔ ابواب الدیات۔ باب ماجاء فی حکم ولی القتیل فی القصاص والعفو]

[83]
The Notion of Superiority Among Jewish Tribes in Qisas:

There were three Jewish tribes settled in Medina: Banu Qaynuqa', Banu Nadir, and Banu Qurayza. Among them, Banu Nadir and Banu Qurayza had ongoing disputes. Banu Nadir were powerful and wealthy, while Banu Qurayza were much weaker in comparison. For this reason, a custom had developed between them that if a man from Banu Nadir was killed by someone from Banu Qurayza, Banu Nadir would demand double blood money from Banu Qurayza, while they themselves would pay only half. In this way, they violated two rulings of the Torah: first, that the Torah had the law of qisas (retaliation), but not of blood money; second, that the blood money for a man of Banu Nadir was double that of a man from Banu Qurayza. Once, a man from Banu Nadir was killed by someone from Banu Qurayza, and they demanded double blood money. Banu Qurayza replied that those days were gone when you used to take double blood money from us. Now we will present this case in the court of Muhammad ﷺ. Although the Jews called the Prophet ﷺ a false prophet, they still believed that he would judge with justice. Accordingly, the Prophet ﷺ, by divine command, ruled for equal blood money.

[84] The words of the Noble Quran ﴿فَهُوَ كَفَّارَةٌ لَّهٗ﴾ can have two meanings, and both are correct. One is that if the injured person forgives the aggressor, then this forgiveness will become an expiation for his own sins. The second is that the forgiveness of the injured person will become an expiation for the crime of the aggressor. Combining both, it can mean that the forgiveness of the injured person becomes an expiation for both the crime of the aggressor and the sins of the injured person.