Tafsir of Al-Ma'idah 5:103

(Allah has not instituted any Bahirah…) It is the fa‘ilah form in the sense of the maf‘ulah form (passive participle), derived from al-bahr, which means splitting. The ta suffix is for the purpose of transitioning to nominal status or because of the omission of the qualified noun. Al-Zajjaj stated: When a she-camel had produced five pregnancies, the last of which was male, the people of the Age of Ignorance would split its ear, leave it, and refrain from slaughtering or riding it. It would not be turned away from water nor prevented from grazing; this is the Bahirah.

According to Qatadah, if it produced five pregnancies, they would examine the fifth; if it were male, they would slaughter and eat it; if it were female, they would split its ear and leave it to graze, and no one would use it for milking, riding, or the like. It is also said that the Bahirah is the female that is the fifth pregnancy; they would not deem its meat or milk lawful for women. If it died, men and women would share in eating it. According to Muhammad ibn Ishaq and Mujahid, it is the daughter of the Sa’ibah (which will be discussed shortly), and it too would be left neglected.

It is also said: It is the one that has given birth to five, seven, or ten pregnancies, and it is left neglected; if it dies, its meat becomes lawful for men specifically.

Ibn al-Musayyib stated: It is the one whose milk is prohibited for the idols, so it is not milked. It is also said: It is the one that has given birth to five females, so they split its ear and left it neglected. In the al-Qamus, based on this view, it is classified specifically among sheep. Just as it is called Bahirah, it is also called Ghazirah. It is also said: It is the young male (saqb) that, when born, they would split its ear and say, "O Allah, if it lives, it is for my benefit, and if it dies, it is a sacrifice." Then, if it died, they would eat it. It is also said: It is the one left in the pasture without a shepherd.

(Nor any Sa’ibah…) It is the fa‘ilah form, derived from sayyabtu-hu, meaning I left it and neglected it, so it is sa'ib, and feminine is sa'ibah. Or it is in the sense of maf‘ul (passive), like the phrase ‘ishatun radiyah (a pleasing life). There is disagreement regarding it: it is said to be a she-camel that has had ten pregnancies, all female; it is left neglected, not ridden, its wool is not shorn, and its milk is not drunk except by a guest. This is attributed to Muhammad ibn Ishaq. It is also said: It is the one that is "set loose" (tusayyabu) for idols, given to the caretakers, and none of its milk is consumed except by wayfarers and the like. This has been narrated from Ibn Abbas and Ibn Mas‘ud, may Allah be pleased with them. It is also said: It is a camel that lives to see the offspring of its offspring, so it is left alone and not ridden.

It is also said: When a man returned from a long journey or his beast was saved from hardship or war, he would say, "It is a sa’ibah." Or he would have a vertebra or a bone removed from its back, and it would not be blocked from water or forage, nor would it be ridden. It is said: It is that which is left to be used for Hajj. It is also said: It is a slave who is manumitted on the condition that there be no wala’ (patronage), no blood money liability, no inheritance, and no bequest.

(Nor any Wasilah…) It is the fa‘ilah form in the sense of the fa‘ilah (active) sense, though it is said to be maf‘ulah (passive). The first is more apparent, as indicated by the clarification of what is meant by it. Scholars differed over it. Al-Farra’ said: It is a ewe that produces seven pregnancies, two twin females each time; and if it produces a female and a male in the last, they say, "It has joined (wasalat) its brother," so the milk of the mother is not drunk by women, only by men, and it is treated like the sa’ibah.

Al-Zajjaj said: It is a ewe that, if it gives birth to a male, it is for their gods, and if it gives birth to a female, it is for them. If it gives birth to a male and a female, they say, "It has joined its brother," and they do not slaughter the male for their gods. It is said: It is a ewe that bears a male then a female, so they "join" the brother to it, and they do not slaughter the brother because of her. If it gives birth to a male, they say, "This is an offering to our gods."

According to Ibn Abbas, may Allah be pleased with them, it is a ewe that produces seven pregnancies; if the seventh is female, the women derive no benefit from it unless it dies, in which case both men and women eat it. Likewise, if it is a male and a female, they say, "It has joined its brother," so it is left with it, and none benefit from it except the men, not the women; if it dies, they all share in it.

Ibn Qutaybah said: If the seventh is a male, it is slaughtered and they eat from it, to the exclusion of women, saying, "It is exclusive to our males and forbidden to our wives." If it is a female, it is left among the flock. If it is a male and a female, it is as Ibn Abbas said.

Muhammad ibn Ishaq said: It is a ewe that produces ten consecutive females in five pregnancies; whatever it bears after that is for the males, not the females. If it gives birth to a male and a female together, they say, "It has joined its brother," and they do not slaughter it on account of her. It is said: It is a ewe that produces five pregnancies or three; if it is a male kid, they slaughter it; if it is a female, they keep it; if it is a male and a female, they say, "It has joined its brother."

Some say the Wasilah is from the camels: a she-camel that calves a female, then follows it with another female, with no male in between, so they leave it for their gods and say, "A female has joined a female, with no male between them." It is also said: It is a she-camel that has "joined" ten pregnancies with no male among them.

(Nor any Ham…) It is the fa‘il (active participle) from al-hima, meaning protection/prohibition. There is disagreement regarding this too. Al-Farra’ said: It is the stallion that has sired its own offspring; they say, "Its back has been protected," so it is left neglected and not driven away from water or pasture.

According to Ibn Abbas, may Allah be pleased with them, and Ibn Mas‘ud—and this is the view of Abu Ubaydah and al-Zajjaj—it is a stallion from whose loins ten pregnancies are born; they say, "Its back is protected," so it is not ridden, nor blocked from water or pasture. According to al-Shafi‘i, it is a stallion that has served in the owner's herd for ten years. It is also said: It is a stallion that has seven consecutive female offspring, so its back is protected.

The previous opinions regarding all these types are reconciled by the fact that the practices of the Arabs differed regarding them. The intent of this statement is the refutation and invalidation of what the people of the Age of Ignorance invented. The meaning of "Allah has not instituted" is "Allah has not legislated." For this reason, it is connected to one object, which is Bahirah, and what is conjoined with it. The particle min is added to emphasize the negation. Some have denied that ja‘ala comes in the sense of "legislate" from any of the linguists, interpreting it here as "to make/cause to become," with the second object omitted—meaning: "He has not made the Bahirah a legislated [thing]." This is not as they claim, for al-Raghib has transmitted this from the linguists, and he is a reliable source who does not fabricate against them.

(But those who disbelieve fabricate lies against Allah…) by doing what they do and saying, "Allah, Glorified and Exalted is He, commanded us to do this." Their leader is ‘Amr ibn Luhay, for he is famously the first to commit these heinous acts. Ibn Jarir and others narrated from Abu Hurayrah, who said: I heard the Messenger of Allah, peace be upon him, say to Aktham ibn al-Jawn: "O Aktham, the Fire was presented to me, and I saw in it ‘Amr ibn Luhay ibn Qama‘ah ibn Khindif dragging his entrails in the Fire. I have not seen any man who resembles another more than you resemble him, and he resembles you." Aktham said: "I fear that his resemblance might harm me, O Messenger of Allah." The Messenger of Allah, peace be upon him, said: "No, for you are a believer, and he is a disbeliever." He was the first to change the religion of Ibrahim, peace be upon him, and he designated the Bahirah, set loose the Sa’ibah, protected the Ham, and—as came in another report from Ibn Abbas, may Allah be pleased with them—joined the Wasilah.

‘Abd al-Razzaq and others narrated from Zayd ibn Aslam that the Messenger of Allah, peace be upon him, said: "I know the first person to set loose the Sa’ibah and set up the idols, and the first to change the religion of Ibrahim, peace be upon him." They asked: "Who is he, O Messenger of Allah?" He said: "‘Amr ibn Luhay, brother of the Banu Ka‘b. I saw him dragging his entrails in the Fire; the people of the Fire are annoyed by the stench of his entrails. And I know the first person to designate the Bahirah." They asked: "Who is he, O Messenger of Allah?" He said: "A man from the Banu Mudlij who had two she-camels; he slit their ears and forbade their milk and their backs, saying, 'These are for Allah.' Then he became in need of them, so he drank their milk and rode their backs. I have seen him in the Fire, and they are biting him with their mouths and trampling him with their hooves."

The verse is used as evidence for the prohibition of these matters, which is clear. From it, the prohibition of all forms of rendering benefits void is derived. Ibn al-Majishun used it as evidence to forbid a man from saying to his slave, "You are sa’ibah," stating that emancipation is not achieved by that. Some scholars have included the releasing of birds and the like among the forms of Sa’ibah. Some of our scholars explicitly stated that there is no reward in that, and perhaps the one who does so is not satisfied with just that, but claims it is a sinful act, while people are heedless of this.

(And most of them do not understand.) That this is a false fabrication. What preceded was the action of the leaders, and this is the state of the followers, who are the "most of them" intended here, as is narrated from Qatadah and al-Sha‘bi. The literal context of the noble arrangement suggests that they are the ones who imitate their ancestors—the fabricators among the contemporaries of the Messenger of Allah, peace be upon him. This is an explanation of the deficiency of their intellects in being able to find guidance for themselves.