Al-Ma'idah (The Table Spread): Verse 42

And then the Almighty said: {Sammāʿūna lil-kadhib, akkālūna lis-suḥt} (They are listeners for falsehood, consumers of ill-gotten gain). In this, there are several issues:

1. Ibn Kathir, Abu ‘Amr, and Al-Kisā’ī recited as-suḥt with a ḍammah (vowel sign) on the sīn and the ḥā’ (i.e., suḥt), wherever it occurred.
2. Ibn ‘Āmir, Nāfi‘, ‘Āṣim, and Ḥamzah recited it with a fatḥah (vowel sign) on the sīn and a sukūn (vowel sign) on the ḥā’ (i.e., saḥt), following the pattern of the verbal noun (maṣdar) from the verb saḥata.
3. The author of Al-Kashshāf mentioned as-suḥt with two fatḥahs (i.e., saḥat), and as-suḥt with a kasrah (vowel sign) on the sīn and a sukūn on the ḥā’ (i.e., siḥt). All of these are recognized linguistic variations (lughāt).

Scholars have offered several interpretations for the word suḥt:

1. Al-Zajjāj said its origin is from saḥatahu (to uproot/eradicate), as in the verse: {fa-yasḥatukum bi-‘adhāb} (Then He will utterly destroy you with a punishment) (Ṭā-Hā: 61). The bribes they used to take were called suḥt either because Allah will utterly destroy them with punishment, or because the gain itself is devoid of blessing (masḥūt al-barakah), as Allah says: {Yamḥaqullāhu ar-ribā} (Allah destroys usury) (Al-Baqarah: 276).
2. Al-Layth said it means that which is forbidden (ḥarām) and results in disgrace/shame (‘ār). This is close to the first meaning, as such a thing eradicates and uproots a person's virtue.
3. Al-Farra’ said the origin of suḥt is intense hunger. It is said of a man, masḥūt al-ma‘idah (one whose stomach is uprooted), meaning he is excessively gluttonous and perpetually hungry. Thus, suḥt (the forbidden gain) is that which is driven by intense greed, like the greed of one whose stomach is uprooted. This is also close to the first meaning, because one who is intensely hungry and greedy seems to eradicate and consume everything edible that comes to him.

Conclusion on Suḥt: Knowing this, we say that suḥt refers to bribery in judgment, the wages of a prostitute, payment for stud services (‘asb al-faḥl), the earnings of a cupper, the price of a dog, the price of wine, the price of carrion, the fee of a soothsayer, and payment for committing disobedience. This view is narrated from ‘Umar, ‘Uthmān, ‘Alī, Ibn ‘Abbās, Abū Hurayrah, and Mujāhid. Some scholars added to this list, and some subtracted. The root meaning reverts to base forbidden earnings that lack blessing, and whose acquisition involves a disgrace that the owner must inevitably conceal. Taking bribes is certainly like this, so it is undoubtedly suḥt.

Regarding the statement {Sammāʿūna lil-kadhib, akkālūna lis-suḥt} (They are listeners for falsehood, consumers of ill-gotten gain), there are several interpretations:

1. Al-Ḥasan said that when a claimant with a false case came to a judge among the Children of Israel with a bribe, the judge would listen to his words and ignore his opponent. Thus, he would be listening to falsehood and consuming ill-gotten gain.
2. Some said that their poor would take money from their rich to remain steadfast in their Judaism. The poor would listen to the lies of the rich and consume the ill-gotten gain they received from them.
3. They were listeners to the lies they attributed to the Torah, and consumers of usury (ribā), based on the verse: {Wa akhdhuhum ar-ribā} (And for their taking of usury) (An-Nisā’: 161).

Then the Almighty said: {Fa-in jā’ūka fa-ḥkum baynahum aw a‘riḍ ‘anhum} (So if they come to you, judge between them or turn away from them).

Allah gave him the choice between judging them or turning away from them. Scholars differed on this choice, having two main opinions:

1. It concerns a specific matter. Those who hold this view further differed:
   • Ibn ‘Abbās, Al-Ḥasan, Mujāhid, and Az-Zuhrī said it concerns the adulterer (muḥṣan), and that his prescribed punishment is lashing and stoning.
   • It concerns a case of murder among the Jews of Banū Qurayẓah and Banū Naḍīr. Banū Naḍīr held a higher status, so their blood money (diyah) was a full amount, while for Banū Qurayẓah it was half the diyah. They referred the matter to the Prophet (peace be upon him), who made the diyah equal for both groups.
   • This choice was specific to those under a treaty (mu‘āhadūn) who did not have a formal covenant (dhimmah). If he wished, he could judge among them; if he wished, he could turn away.

2. The ruling is general for all disbelievers. Scholars also differed on this:
   • Some said the choice to judge remains fixed in all rulings and is not abrogated. This is the view of An-Nakha‘ī, Ash-Sha‘bī, Qatādah, ‘Aṭā’, Abū Bakr al-Aṣamm, and Abū Muslim.
   • Some said it is abrogated by the verse: {Wa an-iḥkum baynahum bimā anzalallāh} (And judge between them by what Allah has revealed) (Al-Mā’idah: 49). This is the view of Ibn ‘Abbās, Al-Ḥasan, Mujāhid, and ‘Ikrimah.
   • The position of Al-Shāfi‘ī is that it is obligatory for the Muslim ruler to judge between the Ahl adh-Dhimmah (People of the Covenant) if they bring their disputes to him, because upholding the ruling of Islam over them is a sign of their subjugation (ṣighār). As for the mu‘āhadūn who have a temporary treaty with the Muslims, it is not obligatory for the ruler to judge between them; rather, he has the choice, and this choice mentioned in the verse is specific to the mu‘āhadūn.

Then the Almighty said: {Wa in tu‘riḍ ‘anhum fa-lan yaḍurrūka shay’an} (And if you turn away from them, they will never harm you in anything).

This means that they only brought their disputes to him seeking the easier and lighter ruling (like lashing instead of stoning). If he turned away from them and refused to judge, his refusal would be difficult for them, and they would become his enemies. Allah, the Exalted, clarified that their enmity will not harm him.

Then the Almighty said: {Wa in ḥakmta fa-ḥkum baynahum bil-qiṣṭ, innal-lāha yuḥibbul-muqsiṭīn} (And if you judge, judge between them with justice. Indeed, Allah loves those who act justly).

This means: Judge between them with fairness and caution, just as you would judge with stoning (i.e., uphold the full prescribed penalty).