Tafsir Maududi- Surah 5. Al-Maida, Ayaat 42 To 43

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سَمَّاعُونَ لِلْكَذِبِ أَكَّالُونَ لِلسُّحْتِ ۚ فَإِنْ جَاءُوكَ فَاحْكُمْ بَيْنَهُمْ أَوْ أَعْرِضْ عَنْهُمْ ۖ وَإِنْ تُعْرِضْ عَنْهُمْ فَلَنْ يَضُرُّوكَ شَيْئًا ۖ وَإِنْ حَكَمْتَ فَاحْكُمْ بَيْنَهُمْ بِالْقِسْطِ ۚ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ٤٢وَكَيْفَ يُحَكِّمُونَكَ وَعِنْدَهُمُ التَّوْرَاةُ فِيهَا حُكْمُ اللَّهِ ثُمَّ يَتَوَلَّوْنَ مِنْ بَعْدِ ذَٰلِكَ ۚ وَمَا أُولَٰئِكَ بِالْمُؤْمِنِينَ٤٣

[42-43] They are listeners to falsehood and greedy devourers of the forbidden.69 If, therefore, they come to you (with their cases), you may judge between them or refuse to do so: for even if you refuse, they will not be able to do any harm to you; but if you judge between them, then judge with justice, for Allah loves those who act justly.70 Yet, how ' is it that they make you their judge, when they themselves possess the Torah, in which there is Allah's judgment, and even then they are turning away from it?71 In fact, these people have no faith.

69This particularly refers to their jurists and judges who accepted false evidence and unjustly decided cases in favor of those from whom they took bribes or from whom they expected unlawful gains.

70At that time the Jews had freedom in their internal affairs and their cases were decided by their own judges according to their own law, for they had not as yet become subjects of the Islamic State, but had only entered into treaties with it. Therefore they were not bound to bring their cases to the Holy Prophet or to the judges appointed by him. Nevertheless, sometimes, when their own law did not suit them, they would take their cases to the Holy Prophet in the hope that they might obtain a more favorable decree from him than they could from their own law.

Here it refers to a case of illicit relationship between a man and a woman who belonged to respectable families of the Jews of Khaibar. According to the Torah (Deut. 22 : 23-24), their punishment was that both of them should be stoned to death. As the Jews did not want to inflict this punishment, they decided that the case should be taken to the Holy Prophet and that they would accept his decision only if it was other than stoning to death. When the Holy Prophet had heard the case he decreed that they should be stoned to death, but the Jews rejected it. Then the Holy Prophet asked them what the punishment was according to the Torah. They replied that it was to flog the culprits and to blacken their faces and to mount them on a donkey. The Holy Prophet asked their rabbis to declare on oath whether that was the punishment for adultery committed by a married couple. They all but one answered that it was so. The one who had kept quiet was Ibn surya, who was considered to be the greatest scholar of the Torah by the Jews themselves. The Holy Prophet pointedly addressed him and asked, "I want you to swear by that God Who saved your people from the Pharaoh and gave you the Law on the Tur and answer whether it is this same punishment for adultery in the Torah that these people tell." He said, "I would never have confessed that the punishment for adultery is stoning the culprits to death, if you had not laid upon me such a heavy oath. The fact is that when adultery became common among us, the judges would let the offenders go, if they happened to be big people. But as this differentiation caused a great discontent among the common people, we made a change in the Law that instead of stoning the culprits to death they should be flogged and mounted on a donkey with blackened faces." After this, no other course was left for the Jews and the culprits were stoned to death by the order of the Holy Prophet.

71In this verse Allah has fully exposed the dishonesty of these "religious people" who had established their authority for piety and knowledge of the Book throughout Arabia. The very fact that they had discarded the Book they themselves believed to be the Book of Allah and brought their case to the Holy Prophet whom they did not believe to be a Prophet, showed that their claim of belief in the Book was hollow. This also showed that they did not sincerely believe in anything but their lusts. They discarded the Book which they believed to be the Book of God, just because its decree was against their lusts and they went to the one whom they considered to be a false prophet in the hope that they might get a decree that might suit their lusts.


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