Sunday, July 7, 2013

[2-195] The Prohibited is Allowed in Cases of Emergency

The Prohibited is Allowed in Cases of Emergency


Then Allah permitted eating these things when needed for survival or when there are no permissible types of food available. Allah said:

[فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلاَ عَادٍ]

(But if one is forced by necessity without willful disobedience nor transgressing due limits), meaning, without transgression or overstepping the limits,

[فَلاَ إِثْمَ عَلَيْهِ]

(...then there is no sin on him.) meaning, if one eats such items, for,

[إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ]

(Truly, Allah is Oft-Forgiving, Most Merciful.)

Mujahid said, "If one is forced by necessity without willful disobedience nor transgressing the set limits. For example, if he didn't, then he would have to resort to highway robbery, rising against the rulers, or some other kinds of disobedience to Allah, then the permission applies to him. If one does so transgressing the limits, or continually, or out of disobedience to Allah, then the permission does not apply to him even if he is in dire need.'' The same was reported from Sa`id bin Jubayr. Sa`id and Muqatil bin Hayyan are reported to have said that without willful disobedience means, "Without believing that it is permissible.'' It was reported that Ibn `Abbas commented on the Ayah:

[غَيْرَ بَاغٍ وَلاَ عَادٍ]

(. ..without willful disobedience nor transgressing) saying, "Without willful disobedience means eating the dead animal and not continuing to do so. Qatadah said:

[غَيْرَ بَاغٍ]

(without willful disobedience) "Without transgressing by eating from the dead animals, that is when the lawful is available.''

Issue: When one in dire straits finds both ـ dead animals, and foods belong to other people which he could get without risking the loss of his hands or causing harm, then it is not allowed for him to eat the dead animals. Ibn Majah reported that `Abbad bin Shurahbil Al-Ghubari said, "One year we suffered from famine. I came to Al-Madinah and entered a garden. I took some grain that I cleaned, and ate, then I left some of it in my garment. The owner of the garden came, roughed me up and took possession of my garment. I then went to Allah's Messenger and told him what had happened. He said to the man:

«مَا أَطْعَمْتَهُ إِذْ كَانَ جَائِعًا أَوْ سَاغِبًا وَلَا عَلَّمْتَهُ إِذْ كَانَ جَاهِلًا»

فَأَمَرَهُ فَرَدَّ إِلَيْهِ ثَوْبَهُ، فَأمَرَ لَهُ بِوَسْقٍ مِنْ طَعَامٍ أَوْ نِصْفِ وَسْقٍ.

(You have not fed him when he was hungry - or he said starving - nor have you taught him if he was ignorant.)

The Prophet commanded him to return `Abbad's garment to him, and to offer him a Wasq (around 180 kilograms) - or a half Wasq - of food

This has a sufficiently strong chain of narrators and there are many other witnessing narrations to support it, such as the Hadith that `Amr bin Shu`ayb narrated from his father that his grandfather said: Allah's Messenger was asked about the hanging clusters of dates. He said:

«مَنْ أَصَابَ مِنْهُ مِنْ ذِي حَاجَةٍ بِفِيهِ غَيْرَ مُتَّخِذٍ خُبْنَةً،فَلَا شَيْءَ عَلَيْه»

(There is no harm for whoever takes some of it in his mouth for a necessity without putting it in his garment.)

Muqatil bin Hayyan commented on:

[فَلاَ إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ]

(...then there is no sin on him. Truly, Allah is Oft-Forgiving, Most Merciful.) "For what is eaten out of necessity.'' Sa`id bin Jubayr said, "Allah is pardoning for what has been eaten of the unlawful, and Merciful' in that He allowed the prohibited during times of necessity.'' Masruq said, "Whoever is in dire need, but does not eat or drink until he dies, he will enter the Fire.'' This indicates that eating dead animals for those who are in need of it for survival is not only permissible but required.

[إِنَّ الَّذِينَ يَكْتُمُونَ مَآ أَنزَلَ اللَّهُ مِنَ الْكِتَـبِ وَيَشْتَرُونَ بِهِ ثَمَنًا قَلِيًلا أُولَـئِكَ مَا يَأْكُلُونَ فِي بُطُونِهِمْ إِلاَّ النَّارَ وَلاَ يُكَلِّمُهُمُ اللَّهُ يَوْمَ الْقِيَـمَةِ وَلاَ يُزَكِّيهِمْ وَلَهُمْ عَذَابٌ أَلِيمٌ - أُولَـئِكَ الَّذِينَ اشْتَرَوُاْ الضَّلَـلَةَ بِالْهُدَى وَالْعَذَابَ بِالْمَغْفِرَةِ فَمَآ أَصْبَرَهُمْ عَلَى النَّارِ - ذَلِكَ بِأَنَّ اللَّهَ نَزَّلَ الْكِتَـبَ بِالْحَقِّ وَإِنَّ الَّذِينَ اخْتَلَفُواْ فِى الْكِتَـبِ لَفِى شِقَاقٍ بَعِيدٍ ]

(174. Verily, those who conceal what Allah has sent down of the Book, and purchase a small gain therewith (of worldly things), they eat into their bellies nothing but fire. Allah will not speak to them on the Day of Resurrection, nor purify them, and theirs will be a painful torment). (175. Those are they who have purchased error at the price of guidance, and torment at the price of forgiveness. So how bold they are (for evil deeds which will push them) to the Fire). (176. That is because Allah has sent down the Book (the Qur'an) in truth. And verily, those who disputed as regards the Book are far away in opposition).

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