Al-Ma'idah (The Table Spread): Verse 43

Then the Almighty said: {And how do they make you a judge while they have the Torah in which is the judgment of Allah?}

There are two issues concerning this verse:

This is an expression of astonishment from Allah Almighty towards His Prophet (peace be upon him) regarding the Jews seeking his judgment, despite their knowledge of the prescribed punishment for the adulterer in the Torah, and then refusing to accept that ruling. They abandoned what they believed to be a true judgment and turned to what they considered false, seeking leniency.

Their ignorance and obstinacy are evident in this incident in several ways:

1. They turned away from the judgment of their own Book.
2. They resorted to the judgment of someone whom they believed to be concealing (the true ruling).
3. They turned away from his judgment even after they had appointed him as judge.

Thus, Allah clarified their state of ignorance and stubbornness so that no one would be deceived into thinking they were people of God's Book and upholders of God's commands.

Here, there are two questions:

Question 1: What is the grammatical position of {in which is the judgment of Allah} (fīhā ḥukmu Allāh)?

Answer:

1. It could be in the accusative case (naṣb) as a circumstantial adverb (ḥāl) modifying the Torah, where the Torah is the subject (mubtada’) and "they have" (ʿindahum) is its predicate (khabar).
2. It could be in the nominative case (rafʿ) as the predicate of the Torah, similar to saying: "And with them is the Torah, speaking with the judgment of Allah."
3. It might have no specific grammatical position, implying that what they possess (the Torah) is sufficient, making arbitration unnecessary. This is like saying: "You have Zayd advising you and pointing you to what is right, so why seek anyone else?"

Question 2: Why is the Torah (al-Tawrāt) feminine?

Answer: This is based on the apparent form of the word.

A group of the Hanafi jurists used this verse as evidence that the rulings and laws of previous prophets remain binding upon us unless explicitly abrogated. This view is weak. If this were the case, the ruling of the Torah would be obligatory upon us just as the ruling of the Qur'an is, requiring us to seek judgment from it. However, the Sharia has forbidden looking into it (for rulings). Rather, the intended meaning here relates to this specific matter: stoning, because they sought leniency through arbitration.

Then the Almighty said: {Then they turn away after that, and those are not believers.}

The phrase {Then they turn away} (thumma yatawallawna) is connected to {they make you a judge} (yuḥakkimūka).

The word {that} (dhālik) refers to the judgment of Allah found in the Torah, or it could refer back to the act of seeking arbitration.

Regarding the statement {and those are not believers} (wa mā ulā’ika bi-l-mu’minīn), there are several interpretations:

1. They are not believers in the Torah, even though they outwardly profess belief in it.
2. It is a statement that they will never believe, referring to a future state, not the past.
3. Even though they sought judgment from you, they do not truly believe in you or in the validity of your judgment. This indicates that they have no faith in anything, and their sole objective is to secure worldly benefits.

{Indeed, We sent down the Torah, in which was guidance and light. The prophets who submitted [to Allah] judged by it for those who were Jews. And the rabbis and the scholars [judged] by what they were entrusted of the Book of Allah, and they were witnesses over it. So fear not the people, but fear Me. And do not exchange My verses for a small price. And whoever does not judge by what Allah has revealed - then those are the disbelievers.}