5. Surah Al-Ma'idah

The Quranic Text & Ali’s Version:

لاَ يُؤَاخِذُكُمُ اللّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَـكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الأَيْمَانَ ...

5: 89. Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths:

C792. Vows of penance or abstention may sometimes be futile, or even stand in the way of really good or virtuous act.

See 2:224-226, and notes 251, 252.

The general principles established are:

1. take no futile oaths;

2. use not Allah's name, literally or in intention, to fetter yourself against doing a lawful or good act:

3. keep to your solemn oaths to the utmost of your ability;

4. where you are unable to do so, expiate your failure by feeding or clothing the poor, or obtaining some one's freedom, or if you have not the means, by fasting. This is from a spiritual aspect.

If any party suffers damage from your failure, compensation will be due to him, but would be question of law or equity.

... فَكَفَّارَتُهُ ...

for expiation,

... إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ...

- feed then indigent persons, on a scale of the average for the food of your families;

- or clothe them;

- or give a slave his freedom.

... فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلاَثَةِ أَيَّامٍ...

- If that is beyond your means, fast for three days.

... ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُواْ أَيْمَانَكُمْ ...

That is the expiation for the oaths ye have sworn.

But keep to your oaths.

... كَذَلِكَ يُبَيِّنُ اللّهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَشْكُرُونَ ﴿٨٩﴾

Thus doth Allah make clear to you His Signs, that ye may be grateful.

فَإِنْ عُثِرَ عَلَى أَنَّهُمَا اسْتَحَقَّا إِثْمًا ...

5: 107. But if it gets known that these two were guilty of the sin (of perjury).

C813. Istahaqqa: Deserved having something (good or evil) attributed to one; hence the alternative meanings:

- committed or was guilty (of a sin):

- had or claimed a lawful right (to property).

The procedure was followed in an actual case in the Prophet's life-time.

A man from Madinah died abroad, having made over his goods, to two friends, to be delivered to his designated heirs in Madinah. They, however, kept back a valuable silver cup. When this was found out, oaths were taken from those who knew, and justice was done.

... فَآخَرَانِ يِقُومَانُ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الأَوْلَيَانِ...

Let two others stand forth in their places, nearest in kin from among those who claim a lawful right:

... فَيُقْسِمَانِ بِاللّهِ ...

let them swear by Allah:

... لَشَهَادَتُنَا أَحَقُّ مِن شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذًا لَّمِنَ الظَّالِمِينَ ﴿١٠٧﴾

"We affirm that our witness is truer than that of those two, and that we have not trespassed (beyond the truth): if we did, behold! the wrong be upon us!

ذَلِكَ أَدْنَى أَن يَأْتُواْ بِالشَّهَادَةِ عَلَى وَجْهِهَا ...

5: 108. That is most suitable: that they may give the evidence in its true nature and shape,

... أَوْ يَخَافُواْ أَن تُرَدَّ أَيْمَانٌ بَعْدَ أَيْمَانِهِمْ...

or else they would fear that other oaths would be taken after their oaths.

... وَاتَّقُوا اللّهَ وَاسْمَعُواْ وَاللّهُ لاَ يَهْدِي الْقَوْمَ الْفَاسِقِينَ ﴿١٠٨﴾

But fear Allah, and listen (to His counsel):

for Allah guideth not a rebellious people.

Asad’s Version:

5: 89 [ al-Maidah, Medina 112 ]

Asad God will not take you to task for oaths which you may have uttered without thought [note 101], but He will take you to task for oaths which you have sworn in earnest. Thus, the breaking of an oath must be atoned for by [note 102] feeding ten needy persons with more or less the same food as you are wont to give to your own families, or by clothing them, or by freeing a human being from bondage; and he who has not the wherewithal shall fast for three days [instead]. This shall be the atonement for your oaths whenever you have sworn [and broken them]. But be mindful of your oaths !........

Yusuf Ali Allah will not call you to account for what is futile in your oaths but He will call you to account for your deliberate oaths: for expiation feed then indigent persons on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His Signs that ye may be grateful.

Pickthall Allah will not take you to task for that which is unintentional in your oaths, but He will take you to task for the oaths which ye swear in earnest. The expiation thereof is the feeding of ten of the needy with the average of that wherewith ye feed your own folk, or the clothing of them, or the liberation of a slave, and for him who findeth not (the wherewithal to do so) then a three day fast. This is the expiation of your oaths when ye have sworn; and keep your oaths. Thus Allah expoundeth unto you His revelations in order that ye may give thanks.

Transliteration La_ yu'a_khizukumulla_hu bil lagwi fi aima_nikum wa la_kiy yu'a_khizukum bima_'aqqattumul aima_n(a), fa kaffa_ratuhu_ it'a_mu 'asyarati masa_kina min ausati ma_ tut'imu_na ahlikum au kiswatuhum au tahriru raqabah(tin), famal lam yajid fa siya_mu sala_sati ayya_m(in), za_likakaffa_ratu aima_nikum iza_ halaftum, wahfazu_ aima_nakum, kaza_lika yubayyinulla_hu lakum a_ya_tihi la'allakum tasykuru_n(a).

[[ Ali’s note - 792 Vows of penance or abstention may sometimes be futile, or even stand in the way of really good or virtuous act. See ii. 224-226, and notes. The general principles established are: (1) take no futile oaths; (2) use not Allah's name, literally or in intention, to fetter yourself against doing a lawful or good act: (3) keep to your solemn oaths to the utmost of your ability; (4) where you are unable to do so, expiate your failure by feeding or clothing the poor, or obtaining some one's freedom, or if you have not the means, by fasting. This is from a spiritual aspect. (5.89)

[[ Asad’s notes – 101 Lit., “for the thoughtless word (‘laghw’) in your oaths”. This refers primarily to oaths aiming at denying to oneself something which the Law of Islam does not prohibit (i.e., “the good things of life”); and, generally, to all oaths uttered without premeditation, e,g., under the influence of anger (cf. 2:224-225; also 38:44 and the corresponding note 41).

Note 102 – Lit., “its atonement shall be” – the pronoun referring to the (implied) sin of breaking an oath. It is obvious from the context that this possibility of atonement relates only to “oath uttered without thought”, and not to deliberate undertakings affecting other persons, which – as has been explicitly stated in the opening sentence of this surah – a believer is bound to observe faithfully to the best of his ability. Regarding exceptions frm this general rule, see surah 2, note 212.]]

5: 106

Asad O you who have attained to faith! Let there be witnesses to what you do when death approaches you and you are about to make bequests: two persons of probity from among your own people, or – if the pangs of death come upon you while you are traveling far from home – two other persons from [among people] other than your own. Take hold of the two after having prayed; and if you have any doubt in your mind, let each of them swear by God, “ We shall not sell this [our word] for any price, even though it were [for the sake of] a near kinsman; and neither shall we conceal aught of what we have witnessed before God – or else, may we indeed be witnessed before God – or else, may we indeed be counted among the sinful.”

Yusuf Ali O ye who believe! when death approaches any of you (take) witnesses among yourselves when making bequests two just men of your own (brotherhood) or others from outside if ye are journeying through the earth and the chance of death befalls you (thus). If ye doubt (their truth) detain them both after prayer and let them both swear by Allah: "We wish not in this for any worldly gain even though the (beneficiary) be our near relation: we shall hide not the evidence before Allah: if we do then behold! the sin be upon us!"

Pickthall O ye who believe! Let there be witnesses between you when death draweth nigh unto one of you, at the time of bequest two witnesses, just men from among you, or two others from another tribe, in case ye are campaigning in the land and the calamity of death befall you. Ye shall empanel them both after the prayer, and, if ye doubt, they shall be made to swear by Allah (saying): We will not take a bribe, even though it were (on behalf of) a near kinsman nor will we hide the testimony of Allah, for then indeed we should be of the sinful.

Transliteration Ya_ ayyuhal lazina a_manu_ syaha_datu bainikum iza_ hadara ahadakumul mautu hinal wasiyyatisna_ni zawa_ 'adlim minkum au a_khara_ni min gairikum in antum darabtum fil ardi fa asa_batkum musibatul maut(i), tahbisu_nahuma_ mim ba'dis sala_ti fa yuqsima_ni billa_hi inirtabtum la_ nasytari bihi samanaw wa lau ka_na za_ qurba_, wa la_ naktumu syaha_datalla_hi inna_ izal laminal a_simin(a).

5: 107

Asad But if afterwards it should come to light that the two [witnesses] have become guilty of [this very] sin, then two others – from among those whom the two former have deprived of their of their right – shall take their place and shall swear by God, “Our testimony is indeed truer than the testimony of these two, and we have not transgressed the bounds of what is right-or else, may we indeed be counted among the evildoers!”

Yusuf Ali But if it gets known that these two were guilty of the sin (of perjury). Let two others stand forth in their places nearest in kin from among those who claim a lawful right: let them swear by Allah: "We affirm that our witness is truer than that of those two and that we have not trespassed (beyond the truth): if we did behold! the wrong be upon us!

Pickthall But then, if it is afterwards ascertained that both of them merit (the suspicion of) sin, let two others take their place of those nearly concerned, and let them swear by Allah, (saying): Verily our testimony is truer than their testimony and we have not transgressed (the bounds of duty), for then indeed we should be of the evil-doers.

Transliteration Fa in 'usira 'ala_ annahumastahaqqa_ isman fa a_khara_ni yaqu_ma_ni maqa_mahuma_ minal lazinastahaqqa 'alaihimul aulaya_ni fa yuqsima_ni billa_hi lasyaha_datuna_ ahaqqu min syaha_datihima_ wa ma'tadaina_, inna_ izal laminaz za_limin(a).

5: 108

Asad Thus it will be more likely that people will offer testimony in accordance with the truth- or else they will [have cause to] fear that their oaths will be refuted by the oaths of others. Be then conscious of God, and hearken [unto Him]: for god does not bestow his guidance upon iniquitous folk.

Yusuf Ali That is most suitable: that they may give the evidence in its true nature and shape or else they would fear that other oaths would be taken after their oaths. But fear Allah and listen (to His counsel): for Allah guideth not a rebellious people.

Pickthall Thus it is more likely that they will hear true witness or fear that after their oath the oath (of others) will be taken. So be mindful of your duty (to Allah) and hearken. Allah guideth not the froward folk.

Transliteration Za_lika adna_ ay ya'tu_ bisy syaha_dati 'ala_ wajhiha_ au yakha_fu_ an turadda aima_num ba'da aima_nihim, wattaqulla_ha wasma'u_, walla_hu la_ yahdil qaumal fa_siqin(a).

[[ Ali’s notes - 812 Ordinarily this oath should be decisive, and the matter must rest here. But if it gets known that the oath was false, other evidence may be taken as in the next verse. (5.106)

813 Istahaqqa = Deserved having something (good or evil) attributed to one; hence the alternative meanings: (1) committed or was guilty (of a sin): (2) had or claimed a lawful right (to property). The procedure was followed in an actual case in the Prophet's life-time. A man from Madinah died abroad, having made over his goods, to two friends, to be delivered to his designated heirs in Madinah. They, however, kept back a valuable silver cup. When this was found out, oaths were taken from those who knew, and justice was done. (5.107) ]]