Tafsir of Al-Ma'idah 5:42

The repetition—despite the unity of the referent—serves to intensify the confirmation and emphasis. For this reason, His saying [the Almighty]: "Listeners to falsehood" was repeated. It has been said: The outward meaning is that it is a causative explanation for His saying, the Almighty: "For them in this world is disgrace," etc., or it serves as a preamble for what follows. Or, the "falsehood" intended here is false claims, while in the previous mention, it refers to that which the rabbis fabricate. This is supported by the separation between the two.

"Consumers of as-suht (i.e., the unlawful)": Derived from sahata, meaning to extirpate or eradicate. Unlawful gain is called suht—according to al-Zajjaj—because it leads to the punishment of eradication and ruin. Al-Jubba'i said: Because there is no blessing for its possessor, so it perishes through eradication in most cases. Al-Khalil said: Because there is shame in the method of acquiring it, so it consumes a person's honor. According to the well-known opinion, what is meant by it here is bribery in judgment. This has been narrated from Ibn Abbas and al-Hasan.

Abd ibn Humayd and others narrated from Ibn Umar that the Messenger of Allah (may Allah bless him and grant him peace) said: "Every flesh that grows from suht, the Fire is more appropriate for it." It was said: "O Messenger of Allah, what is suht?" He replied: "Bribery in judgment." Abd al-Razzaq narrated from Jabir ibn Abd Allah that the Messenger of Allah (may Allah bless him and grant him peace) said: "The gifts of rulers are suht." Ibn al-Mundhir narrated from Masruq, who said: "I said to Umar ibn al-Khattab (may Allah be pleased with him): 'What do you think of bribery in judgment? Is it from suht?' He said: 'No, but it is disbelief. Suht is when a man has prestige and status with the ruler, and another has a need from the ruler, so the ruler does not fulfill his need until he presents him with a gift.'"

Abd ibn Humayd narrated from Ali (may Allah honor his face) that he was asked about suht and said: "Bribes." It was said to him: "In judgment?" He replied: "That is disbelief." Al-Bayhaqi narrated similar to this in his Sunan from Ibn Masud. Ibn Marduyah and al-Daylami narrated from Abu Hurayrah that the Messenger of Allah (may Allah bless him and grant him peace) said: "Six traits are from suht: bribery of the Imam—and that is the vilest of them all—the price of a dog, the stud-fee of a stallion, the wage of a prostitute, the earnings of a cupper, and the reward of a soothsayer." Ibn Abbas (may Allah be pleased with him) counted other things in a narration by Ibn Mansur and al-Bayhaqi. It is said: Because of the gravity of the matter of bribery, some limited the definition to it. It has come through various paths from the Prophet (may Allah bless him and grant him peace) that he cursed the one who bribes, the one who takes the bribe, and the mediator who walks between them.

Due to the worsening of the situation in these times regarding bribery, an order was issued from the presence of our master, the Shadow of Allah over the creation, the reviver of the order of the laws of Sharia and Truth, the Just Sultan Mahmud Khan—may he remain surrounded by the protection of Allah wherever he may be—in the year 1254 AH, for the prosecution of the bribe-taker and his associates in the most complete manner. He established a limit for "gifts" so that they would not be used as a conduit for bribery, as many rulers do today. Ibn Marduyah narrated from Aisha (may Allah be pleased with her) from the Messenger of Allah (may Allah bless him and grant him peace), who said: "There will be rulers after me who will legalize wine, fermented date juice, deceit in charity, suht through gifts, and killing through sermons; they will kill the innocent to appease the public. It will be granted respite for them, so they increase in sin."

Note: Ibn Kathir, Abu Amr, al-Kisa'i, and Ya'qub read as-suht with two dammahs [suhut], which are two dialects like 'unuq and 'unuq. It has also been read as-saht with a fathah on the sin, treating it as a verbal noun intended to mean "the consumed," like sayd (prey) in the sense of "the hunted," as well as as-saht with two fathahs, and as-siht with a kasrah on the sin.

"If they come to you": An address to the Prophet (may Allah bless him and grant him peace). The fa (if/then) is explanatory, meaning: If their state is as has been described, then if they come to you as litigants regarding what has occurred between them of disputes, "judge between them" by what Allah the Almighty has shown you, "or turn away from them" without caring for them or being concerned. This, as you see, is an option for him (may Allah bless him and grant him peace) between the two matters, and it conflicts with His saying, the Almighty: "And judge between them by what Allah has revealed." The verification of this position, according to what al-Jassas mentioned in Kitab al-Ahkam, is that the scholars differed. A group went to the view that the option was abrogated by the other verse; this was narrated by Ibn Abbas, and most of the early scholars held this view. They said: He (may Allah bless him and grant him peace) was initially given an option, then he was ordered to execute the judgments upon them. Such a claim cannot be made based on mere opinion.

It is said: This verse concerns those with whom no dhimmah (covenant of protection) has been contracted, while the other concerns the dhimmi subjects; thus, there is no abrogation. Some affirmed it in the sense of specification, because the one from whom the jizya is taken is subject to the rulings of Islam. This is also narrated from Ibn Abbas (may Allah be pleased with him).

Our scholars said: The dhimmis are subject to Islamic law in sales, inheritances, and all other contracts, except for the sale of wine and swine, as they are permitted to continue these, and they are prevented from adultery just like Muslims; for they were forbidden from it, but they are not stoned because they are not muhsan (chaste/married). The report regarding stoning mentioned previously has already been addressed. There is disagreement regarding their marriage laws; Abu Hanifa (may Allah be pleased with him) said they are to be allowed to continue them, while Muhammad and Zufar differed with him on some of that. We have no objection to them before they agree to our laws, but once they agree to them and bring their cases to us, it becomes mandatory to apply the laws to them. This is completed in the works of Furu'.

"And if you turn away from them": An explanation of the state of the two options after his being given the choice (may Allah bless him and grant him peace). The state of turning away is mentioned first to hasten the clarification that there is no harm in it, as it was a potential site for the manifestation of enmity that might lead to an attempt at causing harm. The meaning is: If you turn away from them and do not judge between them, and they become hostile to you and intend to harm you, "they will not harm you"—because of that—"at all" of harm, for Allah the Almighty will protect you from their harm. "And if you judge, judge between them with equity", i.e., with the justice you were ordered to uphold, which is what the Quran contains and what the Sharia of Islam encompasses. What is narrated from Ali (may Allah honor his face)—that he said: "If the cushion were folded for me, I would judge the People of the Torah by their Torah and the People of the Gospel by their Gospel"—if authentic, is intended to mean the necessary implication of the ruling, "Indeed, Allah loves those who act justly."

"i.e., the equitable; so He protects them from every detestable thing and elevates their status."