Al-Ma'idah (The Table Spread): (103) Allah has not ordained...

Verse: {Allah has not ordained any Bahirah, nor Sa'ibah, nor Wasilah, nor Ham.}

In this verse, there are several issues to consider:

After Allah forbade people from investigating matters they were not commanded to research, He also forbade them from adhering to obligations they were not commanded to uphold. Since the disbelievers prohibited themselves from benefiting from these animals, even when they were in dire need of that benefit, the Exalted revealed that this practice was false, stating: {Allah has not ordained any Bahirah, nor Sa'ibah, nor Wasilah, nor Ham.}

It is noted that the verbs fa'ala (to do/make), amila (to work/act), tafiqa (to begin), ja'ala (to make/appoint), ansha'a (to create), and aqbala (to turn toward) are used. Some are more general than others.

• Fa'ala is the most general, applying to the actions of the limbs and the actions of the hearts. Its application to the actions of the limbs is apparent. Its application to the actions of the hearts is evidenced by the verse: {If Allah had willed, neither we nor our fathers would have associated anything with Him... Thus did those before them act.} (An-Nahl: 35).
• Amila is more specific than fa'ala, applying only to the actions of the limbs, not to intention (niyyah), resolve, or purpose. Evidence for this is the Prophet's saying: "The intention of the believer is better than his deed." If intention were a deed, it would imply that intention is better than itself, which is impossible.
• Ja'ala has several meanings:
  1. Judgment/Legislation: As in, {And they have made the angels, who are servants of the Most Merciful, females.} (Az-Zukhruf: 19).
  2. Creation: As in, {And He made the darkness and the light.} (Al-An'am: 1).
  3. Transformation/Designation: As in, {Indeed, We have made it an Arabic Qur'an.} (Az-Zukhruf: 3).

Knowing this, we understand that {Allah has not ordained} means Allah has not legislated, commanded, or decreed these things.

The Exalted mentioned four things here:

1. Al-Bahirah (The Bahirah): This is derived from bahara (to split/cut), meaning the she-camel whose ear was split. According to Abu 'Ubaydah and Al-Zajjaj, when a she-camel gave birth to five offspring, the last being a male, they would split her ear. They would then refrain from riding her, slaughtering her, or using her for vows. She was not to have her hair sheared, nothing was to be carried on her back, she was not to be driven away from water, nor prevented from pasture, and no one was to benefit from her. If a rider encountered her, he would not ride her out of reverence.

2. As-Sa'ibah (The Sa'ibah): This is derived from saaba (to run freely). The Sa'ibah is the animal left to roam wherever it wills. It is similar to musayyabah (a contented life, meaning satisfied). There are several views on this:

• View 1 (Abu 'Ubaydah): When a man fell ill, returned from a journey, made a vow, or thanked God for a blessing, he would set a camel free (saaba). This animal was treated like the Bahirah in all the rulings they assigned to it.
• View 2 (Al-Farra'): If a she-camel gave birth to ten female offspring consecutively, she would be set free (saibat). She would not be ridden, milked, or have her hair sheared. Her milk was only for her offspring or a guest.
• View 3 (Ibn 'Abbas): The Sa'ibah is the animal dedicated to the idols, meaning freed for them. A man would dedicate whatever he wished from his wealth, bring it to the custodians of the idols, and they would feed its milk to travelers.
• View 4: The Sa'ibah refers to a freed slave who is freed without the customary ties of patronage (wala'), blood money liability (* 'aql*), or inheritance rights.

3. Al-Wasilah (The Wasilah): The commentators state that if a ewe gave birth to a female, it was kept for them. If it gave birth to a male, it was dedicated to their idols. If it gave birth to a male and a female together, they would say, "She has joined her brother (wasalat akhaha)," and thus they would not slaughter the male for their idols. Al-Wasilah here means "the joined one" (passive), as if it was joined to another. Alternatively, it could mean "the one that joins" (active), because it joined its brother.

4. Al-Ham (The Ham): This is derived from hamā (to protect). There are several views:

• View 1: It refers to the stud animal whose offspring has also sired offspring. His back was protected (humiya dhahruhu) from being ridden or having loads placed upon him. He was not prevented from water or pasture until he died, at which point men and women could eat him.
• View 2 (Abu Muslim): If a she-camel gave birth to ten offspring, they would say, "She has protected her back."
• View 3 (As-Suddi): The Ham is the stud camel that has served for ten years among the camels and is then left alone. It is one of the livestock whose backs were forbidden [from use].

If it is asked: Why is it permissible to free slaves from slaughter, burdening, and harm, while these animals are forbidden from such uses?

The Answer: Man is created for the service and servitude of Allah. If he rebels against Allah's obedience, he is afflicted with the punishment of servitude (slavery). When this servitude is removed, he is free to devote himself to Allah's worship, making his freedom a commendable act of worship. However, these animals were created for the benefit of the accountable. Abandoning and neglecting them results in a loss of benefit for their owner without any corresponding gain. Thus, the difference is clear. Furthermore, when a slave is freed, he is capable of securing his own interests. But when an animal is freed and abandoned, it cannot look after its own welfare and falls into severe hardship, worse than when it was owned. Thus, the difference is evident.

Then Allah says: {But those who disbelieve invent a lie about Allah, and most of them do not reason.}

The commentators state that 'Amr ibn Luhayy al-Khuza'i, who ruled Mecca, was the first to change the religion of Ishmael. He established idols, erected monuments, and legislated the rulings of the Bahirah, Sa'ibah, Wasilah, and Ham. The Prophet (peace be upon him) said: "I saw him in the Fire, harming the inhabitants of the Fire with the stench of his intestines." (Al-qasab means intestines, and the plural is al-aqsab. It is also narrated that he drags his intestines in the Fire.)

Ibn 'Abbas explained the verse {But those who disbelieve invent a lie about Allah} to mean 'Amr ibn Luhayy and his companions, who fabricated these lies about Allah regarding the prohibition of these animals. The meaning is that the leaders invent lies against Allah, while most of the followers and common people do not reason, so they follow these falsehoods spread by those leaders.

Then Allah says: