Indexed OCR Text

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Surah Al-Baqarah 2 : 172 - 173
when they made unlawful what was good and permissible. Now, in the
present Verse (172), the believers are being warned against falling
into the same error. As a corollary, they are reminded of Allah's
blessings and are taught to be grateful to Him.
Later, in Verse 173 it is said that the prohibited must remain pro-
hibited and should never be treated as lawful, something the mushri-
kin used to do when they ate carrion or animals slaughtered in a name
other than that of Allah. Also implied is the warning that it is an error
to declare any animal, other than those specified, as unlawful.
Comments on juristic details follow.
The effects of eating Halal and Haram
Verse 172 forbids eating that which is haram and along with it,
allows eating that which is halal in all gratefulness to Allah. The
reason is that the act of eating haram promotes evil instincts, kills the
taste of 'ibadah and makes the prayers ineffective. In contrast, eating
halal generates inner light, creates a distaste for evil deeds, leads
towards high morals, and creates a state in which the heart welcomes
'ibadah and finds the very thought of sin sickening and of course,
prayers are answered. Therefore, Allah Almighty has told all his
prophets to eat from what is good and do what is righteous:
◌َيُّهَا الُّسُ كُلُوا مِنَ الطَّتِبْتِ وَالْمَلُوا صَاِحاً
O Messengers, eat of the good things and do the righteous. (23:51)
This shows that eating and using what is halal plays a vital role in
doing what is good and virtuous. Similarly, living by the halal helps
the chances of a prayer being answered while living by the haram kills
those chances. The Holy Prophet & has said that there are many
people, tired and distressed, who stretch their hands in prayer before
Allah fervently calling 'O Lord, O Lord, yet haram is what they eat,
haram is what they drink and haram is what they wear, how then,
under these conditions, could they hope to have their prayers
answered?' (The Sahih, Muslim, and Tirmidhi as quoted by Ibn Kathir)
The word " Li (innama harrama) is a restrictive particle,
therefore, the sense of the verse is that Allah Almighty has forbidden
only those things which have been mentioned later, other than which,
nothing else is forbidden. So, in this verse, it is the word, innama.

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which points out to the given sense, while in another verse (6:145): 15
.the same thing has been stated more clearly لَ أَجِدُفِيْمَا أَوْحِىَ إِلَىَّ مُحَرَّمًا عَلى طَاٍِ
Here, the Holy Prophet & has been asked to proclaim that, in what
has been revealed to him, there is nothing haram except the few
things mentioned later on.
At this stage, we have a problem on our hands. The fact is that the
unlawfulness of many things stands proved on the authority of other
verses from the Qur'an, and also from ahadith. If so, what would be
the meaning of this 'restriction' and how are we to explain the
negation of 'there is nothing haram except the few things mentioned
later on'?
For an answer, we can say that halal and haram are not being
discussed here in the absolute sense. Rather, they are discussed here
with reference to those particular animals only which the polytheists
of Makkah took as halal or haram on the basis of their pagan beliefs.
This has been pointed out in the previous verse where it is said that
the polytheists of Makkah were used to declaring some halal animals
as haram for them and this practice was censured there. Now, it is in
contrast to that situation that they are being told here as to how they
do not stay away from certain animals which have been declared
haram for them, while, at the same time, they stay away from those
that are halal in the sight of Allah. Therefore, the presence of the
'restriction' here should not be taken in the absolute sense as it is
relative, specially in opposition to the polytheistic beliefs.
Now, the things that have been made unlawful (haram) in verse
173 are four in number:
1. Dead animal (Maitah)
2. Blood (Dam)
3. The flesh of Swine (Lahm al-khinzir)
4. An animal on which the name of anyone other than Allah has
been called (Wa ma uhilla bihi lighayrillah).
These four things have been further explained in other verses of
the Holy Qur'an, and in authentic ahadith. Seen as a correlated whole,
the following injunctions emerge from them, and they are being taken
up here in some detail:

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Injunctions about the dead animal
The dead animal is known in English as 'carrion' or carcass. In
Islamic terminology, it means an animal not slaughtered in
accordance with the requirements of the Shari'ah. If it dies its own
death without having been slaughtered or is killed by choking or
aggressive hitting, it falls under the category of 'dead' and remains
haram. But, in accordance with another verse of the Holy Qur'an: 11
".Allowed to you is the game of the sea and its eating': لَكُمُ صَيْدُ الْبَحْرِوَطَعَامُهَ
(5:96), slaughtering sea-life is not necessary as a condition; it is
permissible even without it. It is on this basis that, in authentic
ahadith, fish and locust have been determined as exceptions to the
category of maitah (unslaughtered) and thus made halal. The Holy
Prophet has said: 'Two things dead have been made lawful for us -
the fish and the locust; and two forms of blood have been made lawful
for us - the liver and the spleen.' (Ibn Kathir from Ahmad, Ibn Majah and Darqutni)
So, among animals, the fish and the locust are halal without
slaughtering, even if they die their own death or get killed by
somebody. However, fish that gets decomposed and starts floating on
the surface is haram. (Jassās)
Similarly, an animal not within range for the hunter to slaughter
can become halal without having been slaughtered if the hunter, after
saying Bismillah, inflicts a wound on it by means of a sharp-edged
weapon such as an arrow. Merely being wounded is not enough; it is
necessary as a condition that it be wounded with some sharp-edged
weapon.
Injunctions and Rulings
1. If an animal wounded by a gun shot dies before it could be
slaughtered, it would be taken as an animal that dies from a fatal
strike with a baton or rock. This has been called 35,s' (mawqudhah) in
another verse of the Holy Qur'an(5:3) where it has been classed as
haram. However, if the animal is slaughtered before it dies, it would
become halal.
2. Some 'ulama' are of the opinion that the common bullet with a
conical nose-top falls under the category of an arrow, but the view of
the majority is that this too is not an arrow-like weapon, instead, it
bores the flesh and tears it apart by the force of the explosive mixture

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inside the bullet, otherwise, the weapon itself has no sharp edge which
could inflict a wound on the animal. Therefore, an animal hunted
with a bullet of this kind will not be permissible without slaughtering
it.
3. In Verse 173, maitah or the dead animal has been declared
haram in an absolute sense, therefore, everything about it is haram;
eating its flesh, buying it or selling it, all included. The same
injunction applies to all impurities (Anjas). Their use, buying and
selling, even deriving any benefit from them are all haram, so much
so, that it is impermissible to voluntarily feed even an animal with
carrion or anything else impure. However, should this be placed
somewhere and be eaten by a dog or cat on its own, that would, then
be permissible. What is not permissible is to feed them personally.
(Jassās, Qurtubi)
4. In this particular verse the injunction declaring maitah or the
dead animal as haram appears to be general which includes all parts
of maitah. But, this has been clarified in another verse (6:145) by the
words: Laktu je which tells us that the eatable parts of the dead
animal are forbidden. Therefore, the bones of the dead animal and the
hair, which are not eatables, are clean and their use is permissible.
وَمِنْ أَصُوَافِهَا وَ أَوْبَارِهَا وَأَشْعَارِهَا أَثَاثًا وَمَتَاعًا إلى حِيْنٍ: (16:80) The Holy Qur'an in verse
has permitted the use of hair of such animals in an absolute sense.
The condition of slaughter is not there (Jassas). Since the skin or hide of
an animal carries impurities such as blood it is forbidden unless
tanned. When tanned, it is permissible. Further clarifications can be
seen in authentic ahadith. (Jassas)
5. The fat of the dead animal and everything made with it is
forbidden. There is no way they can be used. Even buying and selling
them are forbidden.
6. Avoiding the use of soap made from animal fat is good
precautionary practice. However, it is not easy to find out for sure that
fat from dead animals has been used in a particular product, therefore,
some leeway exists. Another reason for its permissibility is that some
of the blessed Companions such as, Ibn 'Umar, Abu Sa'id al-Khudri
and Abu Musa al-Ash'ari have ruled that the fat of the dead animal is
forbidden as far as eating is concerned, while they have permitted its

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use externally, and therefore, they have allowed its buying and selling.
(Jassas)
7. Cheese made from milk contains an ingredient called infaha in
Arabic and 'rennet' in English. It is a mucous membrane lining taken
out from the stomachs of suckling lambs or kids. It is used to
coagulate or curdle milk. If rennet is taken out of the stomach of an
animal slaughtered in the name of Allah, there is no harm in using it.
The meat, fat etc. of an Islamically slaughtered animal are
permissible. But, in the event they are taken from the stomach of an
animal slaughtered un-Islamically, there is difference of views among
Muslim jurists. Imams Abu Hanifah and Malik consider it clean while
Imams Abu Yusuf, Muhammad and Thawri and others call it unclean
and impure. (Jassas, Qurtubi)
There is a strong likelihood that rennet from un-Islamically
slaughtered animals is used in cheese made in non-Islamic countries,
therefore, relying on the consensus of Muslim jurists, one must avoid
using it. Under the juristic position taken by Imam Abu Hanifah and
Imam Malik, leeway exists. Some cheeses made in western countries
have pork-fat as one of their ingredients which, hopefully, can be seen
on the wrapper or tin. All these are absolutely haram and impure.
The blood
The second thing forbidden in the verse is blood. The word, dam,
(pronounced a, 'sum' in English) meaning 'blood' has been used here in
the absolute sense, but, in verse (6:145) of Surah al-An'am, it has been
subjected to a qualification, that is: (22. (that which flows). Therefore,
fugaha' agree that congealed blood such as, the kidney or spleen, are
clean and permissible.
1. Since flowing blood is what is forbidden, the blood that remains
on the flesh after slaughtering the animal is clean. The Muslim jurists,
the blessed Companions and their successors and the Ummah in
general agree on this. On the same analogy, the blood of mosquitoes,
flies and bed bugs is not unclean. But, should this be significant, it
has to be washed clean. (Jassas)
2. As eating or drinking blood is forbidden, its external use is also
46. In bio-chemistry, the enzyme rennin in present is rennet and is a
milk-curdling agent.

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Surah Al-Baqarah 2 : 172 - 173
forbidden. As the buying and selling and seeking any benefit from
impurities is forbidden, the buying and selling of blood is forbidden
and all income derived from it is also forbidden. This is because dam or
blood in the words of the Holy Qur'an has been forbidden in the
absolute sense which includes all possible ways in which it can be
used.
Blood Transfusion
Actually, human blood is a part of human body. When taken out of
the body, it is rated as najis or 'impure', which would require that
transfusion of blood from one human body to another be regarded as
haram for two reasons:
a) Since respecting the human body is necessary and this act is
contrary to that respect.
b) Blood is heavy impurity (al-najasah al-ghalizah) and the use of
things impure is not permissible.
But, looking into the conveniences allowed by the Shari'ah of Islam
under conditions of compulsion and in general treatment of diseases,
we come to the following conclusions:
To begin with, blood is no doubt a part of the human body but its
transfusion into the body of another person requires no surgery. Blood
is drawn out by means of a syringe from one human body and
transferred to another by the same process. Therefore, it is like milk
which forms in the human body and goes on to become the part of
another human being. The Shari'ah of Islam, in view of the need of
the human child, has made nothing but milk as his or her initial food,
making it obligatory on mothers to feed their children as far as they
stay married to their respective husbands. After divorce, mothers
cannot be forced to feed their children. To provide sustenance to
children is the responsibility of the father; it is he who must arrange to
have the child suckled by a wet-nurse, or request the mother to
continue feeding the baby against payment. The Holy Qur'an is very
clear on this subject when it says:
فَإِنْ أَرْضَعْنَ لَكُمْ فَائِرُ هُنَّ أُجُورَهُنَّ
"If they (your divorced wives) suckle (your children) for you,
then, pay for their services." (65:6)

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Surah Al-Baqarah 2 : 172 - 173
In short, milk which is a part of the human body has still been
made permissible for children in view of their need. It is even
permissible to use it medically for elders as well. It appears in
'Alamgiriah:
ولا بأس بأن يسعط الرجل بلبن المرأة ويشربه للدواء (عالمكيرى ص ٤)
"There is no harm if female milk is dropped in the nose of a
man to cure him of some disease, or even if it is given orally as
medicine." (For further details on this subject see Al-Mughni by ibn Quda-
mah, Kitab al-Sayd, volume 8, page 602.)
If blood is dealt with on the analogy of milk, the analogy would not
be too far-fetched, since milk is also an altered form of blood and
shares with it the common factor of being a part of the human person.
The only difference between them is that milk is clean while blood is
not. So, the first reason of unlawfulness, that is, being a part of
human body, is no more operative here. What remains is the aspect of
its impurity. In this case too, some fuqaha' have permitted the use of
blood on medical grounds.
Therefore, the correct position is that the transfer of human blood
to another body does not seem to be permissible in Shari'ah under nor-
mal conditions, but doing so under compulsive conditions on medical
grounds is doubtlessly permissible. Compulsive conditions mean that
the patient faces a life or death situation and no life-saving drug turns
out to be effective or is just not available and there is a strong likeli-
hood that the patient's life would be saved through the blood transfu-
sion. If these conditions are met, giving of blood will be permissible un-
der the authority of this Qur'anic text which clearly permits the saving
of one's life by eating the flesh of a dead animal, if compelled by neces-
sity. However, in the event that there be no condition of compulsion or
other medicines and treatments could work, the problem has been
dealt with differently by different jurists; some say that it is permissi-
ble while others maintain that it is not. Details are available in books
of figh. Those interested in the subject may wish to see my Urdu trea-
tise entitled, 'The Transplanting of Human Limbs'.
The swine is forbiddan
The third thing forbidden in this verse is the flesh of the swine. It
will be noted that it is the 'flesh' of swine which has been mentioned

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Surah Al-Baqarah 2 : 172 - 173
here as unlawful. Al-Qurtubi explains this by saying that the aim here
is not to restrict or particularize 'flesh' as such. In fact, all parts of the
swine, the bones, the skin, the hair, the ligaments, are forbidden by
the consensus of the Muslim community. The introduction of the word
(lahm: flesh) is to point out that the swine is not like other
prohibited animals which can be purified by slaughtering, even if
eating of them stays prohibited. The reason is that the flesh of the
swine does not get purified even if the swine is slaughtered, as it is
absolutely impure and unlawful. However, the use of its bristles to
sow leather has been permitted in Hadith. (Jassas, Qurtubi)
The consecrated animals
The fourth thing forbidden in this verse is an animal dedicated to
anyone other than Allah. This takes three known forms:
(1) The slaughtering of an animal to seek the pleasure of anyone
other than Allah and calling the name of that 'anyone' while
slaughtering it, is unanimously forbidden with the consensus of the
Muslim community. This animal is maitah: dead. It is not permissi-
ble to derive any benefit from any of its parts because this is what the
verse ◌ِ173) مَا أَهِلَّ بِهِ لِغَيْرِ اللَّه) clearly means without any difference of opin-
ion.
(2) The slaughtering of an animal to seek the pleasure of anyone
other than Allah, despite the fact that the animal was slaughtered by
calling the name of Allah, is also forbidden in the Shari'ah. This is
something a large number of ignorant Muslims do when they
slaughter goats and sheep, even chicken, to seek the pleasure of elders
and leaders, and they do this by calling the name of Allah at the time
of slaughter. The fuqaha' agree that all such forms are haram and the
animal slaughtered in this manner is a dead animal, a carcass.
However, there is some difference of opinion about the reason. Some
commentators and jurists maintain that this second situation is also
what the verse ◌ِ173) مَا أَهِلَّ بِه لِغَيْرِ اللَّه) means to cover. It appears in the
Hawashi of al-Baydawi:
فكل مانودى عليه بغير اسم الله فهو حرام وان ذبح باسم الله تعالى حيث
أجمع العلماء لو ان مسلما ذبح ذبيحة وقصد بذبحه التقرب الى غير الله
صار مرتدا وذبيحته ذبيحة مرتد

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Surah Al-Baqarah 2 : 172 - 173
Every animal on which a name other than that of Allah was
called is haram, even though it was slaughtered in the name
of Allah. Therefore, 'ulama' agree that a Muslim, who slaugh-
ters an animal and intends to seek the pleasure of anyone oth-
er than Allah through it, will become an apostate, and the an-
imal he slaughters will be taken as one slaughtered by an
apostate.
In addition to this, it is said in Al-Durr al-Mukhtar, Kitab
al-dhaba'ih:
ذبح لقدوم الامير ونحوه كواحد من العظماء يحرم لانه اهل به لغير الله
ولو ذكراسم الله
Slaughtering an animal to celebrate the visit of a dignitary is
haram because that comes under ma uhilla bihi lighayrillah
even though the name of Allah has been mentioned at the
time of slaughter. (Volume 5, page 214)
Al-Shami concurs with this view.
There are others who have not gone to the extent of declaring that
this situation is what ma uhilla bihi lighayrillah means clearly since it
would be a little burdened Arabic-wise to import the phrase for this
situation, but it is on the basis of the commonality of cause, that is,
because of the intention of seeking the pleasure of anyone other than
Allah, that they have tied this too with ma uhilla bihi lighayrillah and
have declared it to be haram. In the view of this humble writer, this
view is the most sound, cautious and safe.
Nevertheless, there is a regular verse of the Holy Qur'an which
supports the unlawfulness of this situation, that is , ◌ِوَمَا ذُبحَ عَلَى النُصْب . The
word, nusub here means everything worshipped falsely. So, it signifies
animals that have been slaughtered for false gods. Since, wa ma
uhilla bihi lighayrillah has been mentioned earlier, it tells us that ma
uhilla clearly means the animal on which a name other than that of
Allah has been recited at the time of its slaughter, and that dhubiha
'ala n'nusub appears in contrast to it where the reciting of a name
other than that of Allah has not been mentioned. It simply means the
act of slaughtering with the intention of pleasing idols. Included here
are animals which have been, in fact, slaughtered to seek the pleasure
of somebody other than Allah even though the name of Allah has been

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Surah Al-Baqarah 2 : 172 - 173
recited at the time of slaughtering them. (This special note is from my teacher,
Hakim al-ummah Maulana Ashraf Ali Thanavī.)
Imam Al-Qurtubi has taken the same approach in his Tafsir where
he has said:
وجرت عادة العرب بالصياح باسم المقصود بالذبيحة وغلب ذلك فى
استعمالهم حتى عبر به عن النية التى هى علة التحريم
It was a customary practice of the Arabs that, at the time they
were to slaughter, they would call aloud the name of the enti-
ty the slaughter was intended for. That was so much in vogue
among them, that in this verse, their intention, that is, their
seeking of the pleasure of one other than Allah, which is the
real cause of forbiddance, was identified as ihlal or call. (Tafsir
al-Qurțubi, volume 2, page 307. Imam Al-Qurtubi has based his findings on
the fatawa or religious rulings of Sayyidna 'Ali and Sayyidah 'A'ishah, may Al-
lah be pleased with them both)
During the days of Sayyidna 'All _ _ _ >, , Ghalib, the father of
poet Farazdaq had slaughtered a camel and there is no report to con-
firm that the name of someone other than Allah was mentioned on it
at the time of its slaughter. But, Sayyidna 'Ali , Als decided that
this too fell under the category of ma uhilla bihi lighayrillah and was
haram. The Companions, may Allah bless them all, accepted the ver-
dict.
Similarly, Al-Qurtubi reports a lengthy hadith from Sayyidah
'A'ishah 4 Ulo, on the authority of Yahya ibn Yahya, the teacher of
Imam Muslim. Towards the end, it says that a certain woman asked
her: 'O umm al-mu'minin, some of our foster relatives are non-Arabs
and they have one or the other festival going for them all the time. On
these festivals, they send us gifts. Should we eat them or should we
not?' Thereupon, Sayyidah 'A'ishah رضى الله عنها said:
اماما ذبح لذلك اليوم فلا تاكلوا ولكن كلوا من اشجارهم
Do not eat what has been slaughtered for that day, but you
can eat (fruits) from their trees. (Qurtubi, volume 2, page 207)
To sum up, it can be said that the second situation in which the
intention is to seek the favour of an entity other than Allah even
though Allah's name is called at the time of slaughtering the animal

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comes under the purview of the prohibition relating to ma uhilla bihi
lighayrillah for two reasons:
a. The commonness of cause, that is, because of the intention to
seek the favour of an entity other than Allah.
b. It is also covered by the verse (5:3), and therefore, this too is
forbidden.
3. There is a third situation also where an animal is released after
cutting off its ear lobe or branding it in some other manner and this is
done to seek the pleasure of an entity other than Allah and to make it
an object of reverence paid to the same entity. The animal in this case
was neither used in its normal functions nor intended to be
slaughtered. Rather, slaughtering such an animal used to be held as
unlawful. Such animals are not covered under the prohibition
envisaged in verse 173 (Ma uhilla bihi lighayrillah) or in verse 5:3 (Ma
dhubiha 'ala n'nusub), instead, animals of this kind are known as
bahirah or sa'ibah and according to the injunction of the Qur'an the
practice of releasing them in that manner is haram as it would appear
مَاجَعَلَ اللَّهُ مِنْ بَحِيْرٌٍوَلَا سَائِبَةٍ : later under the verse
However, it should be borne in mind that their practice of
releasing an animal in this unlawful manner or their false beliefs
about it do not render the animal itself unlawful. Rather, if such
animals are held to be forbidden, it will amount to supporting their
false beliefs. Therefore, this animal is lawful like any other animal.
But, in accordance with the principles of Muslim law, this animal
does not go out of the ownership of its owner. It continues to be owned
by him, even though, he thinks that it is no more his property and has
been dedicated to someone other than Allah. This belief of the owner of
the animal is false and, in accordance with the dictate of the Shari'ah,
the animal continues to be in his ownership.
Now, if this person sells this animal or gives it as gift to someone,
then, this animal will be lawful for the assignee. This is what people in
some countries do when they endow goats or cows in the name of their
idols or gods and leave them with the management of the temples to
do what they like with them. Some of them sell these animals to
Muslims as well. Similarly, some ignorant Muslims also do things like

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that at shrines or graveyards. There they would leave a goat or a
full-grown male domestic foul in the hands of the keepers who sell
these out. So, those who buy such livestock or poultry from the
keepers authorized by owners, for them, it is perfectly lawful if they
buy, slaughter, eat or sell them onwards.
Nadhr lighayrillah: Offering for any one other than Allah
Here we have a fourth situation on our hands which does not relate
to animals but to things other than these. For instance, food or sweets
offered against vows in the name of someone other than Allah by
Hindus in their temples and by ignorant Muslims in shrines. This
kind of nadhr or mannat in the name of someone other than Allah has
also been declared haram because of the commonness of cause, that is,
because of the intention to seek the favour of one other than Allah and
which comes under the same prohibition as contemplated in ma uhilla
bihi lighayrillah as a result of which its eating, feeding, buying and
selling all become haram. Details can be seen in the books of fiqh such
as Al-Bahr al-Ra'iq and others. This injunction is based on the analogy
of the animals mentioned expressly in the text of the Holy Qur'an.
Injunctions in situations of compulsion
In the verse under comment, after four things have been declared
unlawful, the fifth injunction comes as an exception. The text says:
فَمَنِ اضْطَّ غَيْرَ بَاغٍ وَلَا عَاٍ فَلَ إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
which means that the injunction has been relaxed for a person who is
extremely compelled by hunger, and is not looking towards enjoying
his food, nor is likely to go beyond the level of his need, then he, in
that situation, will not incur any sin if he eats what is unlawful. There
is no doubt about it that Allah Almighty is Most-Forgiving,
Very-Merciful. It will be observed that the burden of sin which accrues
from eating the unlawful has been removed from the mudtar : "his:
the one who is compelled by necessity and must save his life, if he
fulfils two attending conditions. In the terminology of the Shar iah, the
word, mudtar is applied to a person whose life is in danger. Ordinary
pain or need cannot qualify a person to be known as mudtar. So, for a
person whose hunger has driven him to a point beyond which he must
either eat or die, there is an option; he can eat things made unlawful

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on two conditions. Firstly, the aim should be to save life and not to
enjoy eating. Secondly, he must eat only as much as would serve to
save his life; eating to fill up one's stomach or eating much more than
one needs remain prohibited even at that time.
Special Note
Here, the eating of things forbidden even under a situation of
compulsion (idtirar) has not been made lawful as such by the noble
Qur'an, instead, the expression used is med ý (there is no sin on him)
which means that these things continue to be haram as they are, but
the sin of using what is haram has been forgiven because the eater has
done so under the compulsion of necessity. There is a world of
difference between making something lawful and the forgiving of sin.
If the objective was to make these things lawful under compulsive
need, a simple exception from the injunction of unlawfulness would
have been enough. But, here the text does not rest at the simple
exception, it rather elects to add the statement : Mely . By doing so,
it makes a point, that is, what is haram remains haram as it is, and
using it is nothing but sin, however, the mudtar (ha.), the compelled
one, has been forgiven this sin.
Using the forbidden as a cure, in necessity
A person whose life is in danger can use what is forbidden as
medicine to save his life. This too is proved by the verse under
comment, but there seem to be some conditions as well which have
been hinted there.
To begin with, there should be a state of compulsion, and a danger
of losing life. This injunction does not cover ordinary pain or sickness.
Then, there is the situation when no treatment or medicine works, or
is just not available - the unlawful thing to be used as life-saving drug
is the only option open. This is like the exception made in a state of ex-
treme hunger which is valid only when something lawful is not availa-
ble or affordable. The third condition is that it should be made certain
that by using the unlawful, life will be saved. This is like the eating of
a couple of morsels from unlawful meat by one compelled fatally by
hunger should be enough to save his life. If there is a medicine which
appears to be useful but there is no certainty that it would cure the

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Surah Al-Baqarah 2 : 172 - 173
ailing patient, then, the use of this unlawful medicine will not fall un-
der the purview of the exception made in this verse and therefore, it
will not be permissible. Along with these three, there are two addi-
tional conditions which have been set forth in the verse, that is, one
should not aim to enjoy it and use no more than one needs to use.
Given the restrictions and conditions that emerge from clear
statements and subtle hints in the verse, every unlawful and impure
medicine can be used internally or externally. It is permissible by the
consensus of the jurists of the Muslim ummah. In a nutshell, these
five conditions are as follows:
1. There be a state of extreme necessity, that is, one's life be in
danger.
2. Another lawful medicine does not work, or is not available.
-
3. It should be normally certain that the disease will be cured by
such medicine.
4. Enjoying the use of the medicine should not be the aim.
5. It should not be used any more than it is needed.
Using the forbidden as a cure without necessity
As far as situations of extreme necessity are concerned, the
relevant injunction has been given in the text of the Holy Qur'an and
there is total agreement on that. But, about the question of using
impure or haram medicine even in common diseases, the jurists differ.
Most of them say that, barring compulsion, and all those conditions
mentioned above, it is not permissible to use haram medicine, because
the Holy Prophet as reported in al-Bukhari has said that Allah
Almighty has placed no cure for the Muslims in haram.
Some other jurists have used a particular episode reported in
Hadith to declare it as permissible. That episode relates to people of
the 'Uraynah tribe and has been reported in all books of Hadith where
it is said that some villagers came to the Holy Prophet . They
suffered from several diseases. He permitted them the use of camel
milk, and urine, which cured them.
But, this episode has several possibilities which make the use of
prohibited things doubtful. Therefore, the correct original position is:

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Surah Al-Baqarah 2 : 174 - 176
Unless the conditions of extreme necessity exist in common diseases,
the use of haram medicine is not permissible.
However, later-day jurists, keeping in view the influx of unlawful
and impure medicines in modern times, the general climate of
suffering, and the weakness of people against it, have permitted the
use of prohibited medicine on the condition that another lawful and
pure medicine is not effective, or is not available. It is mentioned in
Al-Durr al-Mukhtar, the well-known book of Figh:
اختلف فى التداوى بالمحرم و ظاهر المذهب المنح كما فى رضاع البحر ولكن
نقل المصنف ثم وههنا عن الحاوى قيل يرخص اذا علم فيه الشفاء ولم يعلم
دواء آخر كما رخص فى الخمر للعطشان
(عليه الفتوى، ومثله فى العالمكيرية ص ٣٥٥ ج ٥،)
There is difference of opinion in medication through the un-
lawful. Apparent religious ruling forbids it, as is mentioned in
Al-Bahr al-Ra'iq, Kitab al-Rida' but the author has, at that
point in al-Rida‘, as well as here, reported from al-Hawi al-
Qudsi that some 'ulama' have permitted the use of the prohib-
ited on medical grounds, if the cure is certain and there is no
alternate available, which is like the permission granted to
the critically thirsty to take a sip of liquor.
The conclusion
The details given above help us find out what we should do about
modern medicines that originate mostly from Europe and America,
specially those in which the use of alcohol as base or solvent, or the
introduction of other impure ingredients, is known and certain. As for
medicines in which the presence of unlawful and impure ingredients
cannot be ascertained with any degree of certainty, their use would
have a little more technical leeway, however, there is nothing like
precaution, specially when the need is not that pressing. Allah
Almighty knows best.
Verses 174 - 176
إِنَّ الَّذِيْنَ يَكْتُمُوْنَ مَا أَنْزَلَ اللهُ مِنَ الْكِتْبِ وَيَشْتَرْوُنَ بِهِ
ثَمَنَا قَلِيُلَاةُ أُولَئِكَ مَا يَأْكُلُوْنَ فِىُ بُطُوْنِهِمْ إِلَّ النَّارَ وَلَا
يُكَلِّمْهُمُ اللّهُ يَوْمَ الْقِيْمَةِ وَلَا يُؤْكِّيُهِمْ نَوَلَهُمْ عَذَابٌ أَلِيْمُ 0

439
Surah Al-Baqarah 2 : 174 - 176
أُولَئِكَ الَّذِيْنَ اشْتَرَوُا الصَّلْلَةَ بِالْهُدَى وَالْعَذَابَ بِالْغُفِرَةِ فَمَّا
أَصْبَرَهُمْ عَلَى النَّارِ ) ذُلِكَ بِأَنَّ اللّهَ نَّلَ الْكِتَبَ بِالْحَقِّ وَإِنَّ
الَّذِيْنَ اخْتَلَفُوْا فِى الْكِتْبِ لَفِىُ شِفَاقٍ بَعِيدٍ 0
Verily, those who conceal what Allah has revealed of
the Book and get out of it a small price, they eat
nothing into their bellies but fire, and Allah will not
speak to them on Doomsday nor will He purify them.
And for them there is painful punishment - they are
those who have bought the wrong way at the price of
the right path, and punishment at the price of pardon.
What an endurance on their part against the fire! All
that is because Allah revealed the Book with the truth,
and those who have disagreed about the Book are far
out in schism. (Verses 174 - 176)
Mentioned in the earlier verses were unlawful things which are
tangible. Now, the verses that follow take up the intangible deeds that
have been made unlawful. These are evil deeds, inner and outer. For
instance, religious scholars among the Jews were addicted to giving
out false verdicts in favour of people who bribed them. They would go
to the limit of distorting the verses of the Torah to suit the desire of
their client. In this, there is a veiled warning given to the 'ulama', the
religious scholars of the community of the Last of the prophets, that
they should keep away from such practices and never fall short in
disclosing the true injunctions of Allah for any material reason or
vested interest of their own.
Earning money against the Faith
There is no doubt that people who conceal the contents of the Book
of Allah and, in return for this breach of trust, collect insignificant
worldly gains are simply eating fire. When comes the Qiyamah
(Doomsday), Allah Almighty will not speak to them affectionately, nor
will He purify them by forgiving their sins. Their punishment will be
terrible for they are the kind of people who, during their mortal life,
chose to abandon guidance and adopt error, and in the Hereafter, they
missed forgiveness and became deserving of punishment. They must
be very courageous in that they are all set to go into Hell. All these
punishments to them are because they elected to stray away from the
Book of Allah, something so clear and true. It is evident that they

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Surah Al-Baqarah 2 : 177
must be victims of serious intransigence and are far out in schism, as
a result of which they can expect to deserve a matching punishment.
Verse 175 tells us that a person who changes the injunction of
Shari'ah in his greed for worldly gains, he should know that these
worldly gains he consumes are like embers of fire he is storing in his
stomach because that is the ultimate end of his deeds. Some
perceptive 'Ulama' have said that unlawful wealth is, in reality, the
very fire of Hell, even though we do not sense it as such during our
lifetime in the mortal world, but once one dies, his or her deeds will
appear in the form of fire.
Verse 177
لَيْسَ الْبَّ انُ تُؤْلُوًا وْجُوْهَكُمْ قِبَلَ الْمُشْرِقِ وَالْغْرِبِ وَلَكِنَّ الْبِّ
مَنُ أمَنَ بِاللّهِ وَالْبَيُوعِ الْآخِرِ وَالُّكَةِ وَالَّكِتُبِ وَالشَِّّنَّ وَأَتَى
الْمَالَ عَلى حُبِّهٍ ذَوِى الْقُرْبِى وَالْيَتْمُىِ وَ المُسَكِيْنَ وَابْنَ
الَّبِيْلٌِ وَالسَّائِلِيْنَ وَفِى الْرِّقَائِّوَاَقَامَ الصَّلُوَةَ وَأَتَيَ الَّكُوَةَح
وَالْمُؤْفُوْنَ بَعَهُدِهِمْ إِذَا عَاهَدُوْاِ وَالصُّبِرِيْنَ فِى الْبَأْسَاءِ
وَالضَّرَآءِ وَحِيْنَ الْبَأْسِ أُولَئِكَ أَّذِيْنَ صَدَقُوْا وَأُولَئِكَ هُمُ
الْمُتَّقُوُنَ 0
Righteousness is not that you turn your faces to the
East and the West; but righteousness is that one
believes in Allah and the Last Day and the angels and
the Book and the Prophets, and gives wealth, despite
its love47, to relatives, and to orphans, the helpless, the
wayfarer, and to those who ask, and (spends) in
(freeing) slaves and observes the prayers and pays the
Zakah; and those who fulfil their promise when they
promise and, of course, the patient48 in hardships and
sufferings and when in battle! Those are the ones who
are true and those are the God-fearing. (Verse 177)
47. Or, 'out of His love'.
48. Reflects the emphasis the Holy Qur'an has given to al-sabirin by
changing the case from nominative to objective.

441
Surah Al-Baqarah 2 : 177
From the beginning to this point, the Surah al-Baqarah is reaching
its half-way mark. Until now, the message was addressed mostly to its
deniers since the truth of the Holy Qur'an was the first thing to be
established. In that context, mention was made of those who accepted
it and those who rejected it, which was followed by providing proof of
Allah's Oneness and the Prophethood. Then, recounted were Allah's
blessings and favours on the progeny of Ibrahim JI ale right through
the verse ◌ََّ2:124) وَإذِ ابْتَلَى إِبْرُهِمَ رَب).Thenceforth started the issue of the
Qiblah which continued until it was resolved when the status of Safa
and Marwah was identified as a sign from Allah (Verse 158).
Then, the affirmation of Allah's Oneness was rightfully followed by
a refutation of the principles and subsidiaries of Shirk, the act of
associating others with Allah. The approach this far is full of warning
mostly given to the deniers of the message of the Qur'an; any reference
to Muslims was only as a corollary.
The verses that follow contain nearly the other half of Surah
al-Baqarah where the primary purpose is to educate Muslims in the
principles and the subsidiaries of their religion and any address to
non-Muslims is by implication only. This subject which continues
through the end of the Surah has been unfolded by presenting and
explaining the cardinal concept of birr, an umbrella word in Arabic
used for what is good in the absolute sense and which combines in
itself all acts of righteousness and obedience, inward or outward. So,
when the verse begins, basic principles such as belief in the Book,
spending of wealth in charity, fulfillment of promises and patience in
distress have been stressed upon which, incidentally, include the basic
principles behind all injunctions of the Holy Qur'an. The fact is that
the articles of belief, the deeds in accordance with them and the
morals are the essence of all religious injunctions while all details fall
under these basics. Thus, the verse actually houses all these three
major departments.
The chapters of 'Birr' (the virtures)
From this point onwards, the reader will find details of this
comprehensive attribute of birr, the essence of which is 'obedience'.
Many injunctions, in unison with suitable time and place, have been
taken up as needed. Some of these are about Equal Retaliation, Will,

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Surah Al-Baqarah 2 : 177
Fasting, Jihad, Hajj, Spending, Menstruation, 'Ila', Oath, Divorce,
Marriage, Post-divorce waiting period for women ('Iddah), Dower
(Mahr), while Jihad and Infaq (spending) in the way of Allah find
re-stress, and some aspects of buying and selling and witnessing
appear proportionate to their need. The finale is good tidings and the
promise of mercy and forgiveness.
Commentary
When Baytullah, the House of Allah at Makkah was made the
Qiblah of the Muslims in place of Baytul-Maqdis, the Jews and
Christians and the Mushrikin, who were much too eager to find fault
with Islam and Muslims, were stirred and they started coming up with
all sorts of objections against Islam and the Holy Prophet , detailed
answers to which have been given in verses that have appeared
earlier.
In the present verse, this debated issue has been closed in a unique
manner when it was said that Faith cannot be restricted to the single
aspect of turning to the West or the East when praying. These are
directions in an absolute sense and thus cannot be turned into the
very object of Faith to the total exclusion of other injunctions of the
Shari'ah.
It is also possible that this is addressed to Jews, Christians and
Muslims at the same time, the sense being that real birr
(righteousness) and thawab (merit) lies in obedience to Allah
Almighty. The direction in which He wants us to turn automatically
becomes merit-worthy and correct. In itself, the East or the West, or
any other direction or orientation, has no importance or merit.
Instead, the real merit comes out of one's obedience to the injunctions
of Allah, no matter what the direction be. Upto the time the command
was to turn towards the Baytul-Maqdis, the obedience to that
command was an act deserving of merit, and now, when the command
to turn towards the House of Allah at Makkah has come, obeying this
command has become deserving of merit.
As stated earlier during the discussion of linkage of verses, a new
sequence begins from this verse where the main body of the text
comprises of teachings and instructions for Muslims with answers to

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Surah Al-Baqarah 2 : 177
antagonists appearing there by implication. This is why this particular
verse has been identified as very comprehensive in presenting Islamic
injunctions. What follows through the end of Surah al-Baqarah is an
explanation or elaboration of this verse. Given below is a detailed
account of what the verse presents as a gist of the articles of faith, the
modes of Allah's worship, dealings with people, and the moral
principles.
-
Foremost are the articles of faith. These were covered under 313.
1
JU4: "That one believes in Allah." Then comes the act of following the
articles of faith in one's deeds, that is, in Allah's worship and in
dealings with people. Allah's worship is mentioned upto the end of _1,
(j) : "And pays the Zakah", then, dealings with people were covered
under afin: "And those who fulfil their promise", concluding with
the mention of morals under & t; : " The patient." The final
statement is that those who follow all these injunctions are true
Muslims and they are the ones who can be called God-fearing.
While mentioning these injunctions, the verse has given a
number of subtle but eloquent indications, for instance, the spending
of wealth has been tied up with 49 hé : 'ala hubbihi which has three
possible meanings. Firstly, the pronoun in 'hubbihi' may refer to Allah
Almighty, in which case, it would mean that in spending wealth one
should not be guided by material motives or the desire to show off.
Such spending should rather be done out of love for Allah Almighty,
whose exalted majesty requires that this be done with perfectly
un-alloyed sincerity (in the sense of the genuine ikhlas of Arabic and not in the
sense of some modern casual nicety).
The second possibility is that this pronoun refers to wealth, in
which case, it would mean that, while spending in the way of Allah,
only that part of one's wealth and possessions which one loves will be
deserving of merit. Giving out throw-aways in the name of charity is
no charity, barring the option of giving it to somebody who can use it,
which is better than simply throwing things away.
The third possibility is that the pronoun refers to the infinitive Li :
ata which emerges from the word , Q'l'ita' of the text, in which case, the
meaning could be that one should be fully satisfied in the heart with
what one spends, not that hands spend and the heart aches.