اِثۡمُ

Commentary:

If a person makes a will in compliance with the above commandment, but his heirs, finding it to be prejudicial to their interests, alter it or hinder its execution, the blame and the responsibility for consequences will lie on those who tamper with the will and not on the maker of the will. Apparently, the verse seems to be superfluous; for what it says is obvious, i.e. the responsibility of any subsequent alteration cannot lie on the testator. But deeper consideration would show the futility of such an idea. In fact, the verse serves three important purposes. Firstly, it warns the testator that fear of any subsequent alteration should not deter him from making the will. Secondly, that he should act intelligently and cautiously and should try to foresee and forestall all possible mischief by his heirs. Thirdly, the verse warns the heirs and their friends that any alteration made by them in the will will bring them under the wrath of God Who is All-Knowing.

5:91, 92.

Important Words:

الخمر (wine) is the noun-infinitive from خمر. They say خمر الشیء meaning, he veiled or covered up the thing. خمرالشھادة means, he concealed the evidence. خمرالعجین means, he leavened the dough and left it till it became well fermented. خامره means, it became mixed or blended with it; it infected or pervaded it. A veil worn by a woman is called خمار because it screens or covers her face and head. Wine is called خمر because it covers or obscures or infects the intellect or the senses, or because it agitates and excites the brain so as to make it uncontrolled. The word is specific for wine prepared from grapes but is also used generally (Aqrab & Lane).

المیسر (game of hazard) is derived from یسر i.e. he became docile and submissive. یسرت المرأة means, the woman was easily delivered of the child. ایسرالرجل means, the man became well off. یسرفلان means, such a one played a game of hazard or a game of chance, i.e. he gambled. Thus the primary meaning of the word is to get a thing easily and thereby become well off. A game of chance or a game of hazard is called میسر because by means of such games people seek to become rich easily and quickly without undergoing the trouble of earning with work and labour. The word المیسر is used to indicate (1) any game of hazard or game of chance; (2) a game of hazard played by the Arabs with headless arrows; (3) play for stakes and wages (Lisan & Mufradat).

اثم (sin) is the noun-infinitive from اثم meaning, he did what was unlawful. اثم means: (1) that which is unlawful (Aqrab); (2) that which keeps back a person from what is good (Mufradat); (3) punishment of sins and evil actions (Lane).

عفو (spare) is derived from عفا. They say عفا الشیء i.e. the thing became long and abundant. عفو means: (1) what exceeds or remains over and above one’s requirements. (2) the best portion of a thing (Aqrab).

Commentary:

While dealing with the subject of war, the Quran fittingly turns to the subject of wine and gambling which are directly related to war.

It was customary among Arabs in times of war to cast lots in the name of a few wealthy persons, and those in whose name the lots were drawn were bound to feed the army and supply it with wine. This is how the Arabs defrayed the expenses of war. So when Muslims were called upon to take arms, they naturally enquired of the Holy Prophet about the legality of this peculiar way of meeting the expenses of war and about the use of wine also, which was considered essential to produce a state of reckless courage in the fighters so as to make them blind to all consequences. Islam declared both these practices unlawful because their harm was greater than their advantage. The conviction of faith hadinfused into the hearts of believers far greater and nobler courage than the blind daring engendered by drinking. Similarly, the expenses of war were to be met in a fairer and more respectable manner than the casting of lots. The burden must fall on all according to their means and must come through willing and eager contributions by the faithful.

The clause, their sin is greater than their advantage, embodies a very important principle. A thing should not be adopted simply because it contains some advantage nor should a thing be condemned simply because it is harmful in certain respects. On the contrary, both sides should be carefully weighed and a thing should be condemned only if its harm outweighs its advantage. It is in fact a great characteristic of Islam that it never condemns a thing wholesale but frankly and freely admits even the smallest good that may be found in it. Islam prohibits certain things not because it considers them to be devoid of all good, for there is nothing in the world which is wholly bad, but because their evil outweighs their good. This is why, while prohibiting the use of intoxicants and games of chance because of their great harm, Islam has not failed to acknowledge the few advantages they possess.

It is worthy of note that of all religions, Islam alone has forbidden the use of wine. In Hinduism, drinking forms an essential part of certain religious ceremonies. Judaism does not seem to prohibit drinking, because nowhere has the Bible declared it to be unlawful; while according to the New Testament, the very first miracle which Jesus showed was that he turned water into wine for the use of a marriage party (John 2:7-9).

Attempts have been made during the ages by social reformers, and even the help of legislation has been enlisted in some countries, to put an end to wine-drinking. But all such attempts have so far failed. The only experiment on record which met with complete success in this direction was that made in Arabia more than thirteen hundred years ago. A whole people steeped in drinking became absolute teetotallers by the mere declaration by the Prophet that God had forbidden drinking. This constitutes no small testimony to the great hold that Islam had come to possess on the minds of the unlettered and unruly Arabs, and to the wonderful transformation it had brought about in their lives.

From the meaning of the word خمر (wine) as given above under Important Words it should not be understood that Islam prohibits the use of only such quantity of wine as may make one drunk. The Holy Prophet has made it definitely clear that even small doses of such things as may intoxicate one when used in larger doses are unlawful (Tirmidhi).

When the principal means hitherto employed in Arabia for meeting the expenses of war, i.e. by casting lots, was prohibited, the question naturally arose as to how the expenses of war were to be met. Believers, realizing that they would themselves have to meet these expenses, hastened to inquire of the Holy Prophet as to how much they would have to contribute towards the expenses of war. In reply to their query they were told that they should spend عفو i.e. what may be spared after meeting the necessities of life. The word عفو by virtue of its twofold connotation, given under Important Words above, applies to two different classes of persons. Ordinary believers are required to spend what remains after their needs have been met, i.e. what they can spare; and the higher class of believers are expected to go ahead and spend the best portion of their possessions. If, however, the clause be applied collectively to all believers, it would mean, that in times of war, they should retain for themselves only such portion of their possessions as may suffice to meet their bare necessities of life. The balance should be spent in the cause of God. This is what God wanted them to do. Actually, however, some of the Companions spent even more than that. For instance, when the Holy Prophet appealed for funds for the campaign of Tabuk, Abu Bakr brought his entire possessions and laid them at the feet of his Master. When asked how much he had retained for himself and his family and how much he had brought to be spent in Allah’s cause, Abu Bakr replied that he had brought all that he possessed and that nothing remained in his house except the name of Allah (Tirmidhi, ch. on Manaqib & Zurqani).

Finally, a word about the sin or harm of wine and gambling, as mentioned in the verse under comment, appears to be called for. Though Islam was the first to prohibit the use of intoxicants and games of chance, the world now appears to be agreed on condemning these two evils which so deeply affect not only the physical but also the moral and spiritual condition of man. Here are some quotations in which non-Muslim writers have forcefully pointed out the harmful effects of wine:

(1) "Alcoholism is an important factor in the causation of disease; and in all diseases alcoholics are bad patients. In epidemics the mortality among drinkers is excessive; and the general power of resistance to disease, injury, and fatigue is diminished…Alcoholism lessens the chance of life; the English life-insurance companies found that the presumptive length of life of non-drinkers was about twice that of drinkers…The close relationship of alcoholism and crime is well known and the statistics of Baer, Kurella, Gallavardin and Sichart show that from 25 to 85 per cent of all malefactors are drunkards. The rate of suicide varies with the general rate of consumption of alcohol in different countries…

"The evil effects of alcoholism are evident in the drunkard’s posterity…Epilepsy, insanity, idiocy and various forms of physical, mental, and moral degeneracy are very disproportionately prevalent among the offsprings of alcoholics" (Jew. Enc. i. 333-334).

(2) "The effects of consumption of alcohol are almost all due to its action upon the nervous system. Thus the immediate sensation of well-being is due to the flushing of the skin, suppressing temporarily the sense of chill, and to the fact that the sensibility to minor pains and inconveniences becomes blunted; whilst with larger doses the diminution of the power of self-control and sense of personal responsibility gives rise to excitability. In the secondary stage the fineness of the senses (hearing, touch, taste and vision) is affected, and this gives rise to an inability to control bodily movements such as facial expression. In the advanced stage of drunkenness, the intellectual processes of judgement and control are suspended." (Enc. Brit. 14th Edition, i. 540).

(3) "Alcohol is a poison for protoplasm, that is, for the soft plastic material which is the essential constituent of every one of the minute cells that make up living organisms, whether animal or vegetable. Its poisonous effect in very dilute solution is easily shown on lowly organisms…

"The nerve cells of the brain, the most highly organised and delicate of the tissues, very early show the effect of alcohol. Many of the test observers of their own mental processes, such as Helmholtz and Huxley, have expressed themselves strongly as to the harmful effect of minute doses of alcohol on brain work. It would seem that the 'stimulating' effect is really due to the paralysis of the very highest nerve-centres, so that cheerfulness, wit, and recklessness have free play. Large numbers of psychometric experiments under conditions of the greatest accuracy prove that alcohol, in small dietetic doses, exercises a distinctly paralysing effect on the working of the brain. Some mental processes are quickened for a short time, and then a retarding effect shows itself, which is prolonged and much more than cancels the apparent beneficial result…

"There is universal testimony as to the close relationship between excessive drinking and breaches of the moral law and the law of the State. This is a direct consequence of the paralysis of the higher faculties, intellectual and moral, and the resulting free play given to the lower inclinations" (Enc. Rel. Eth, i. 299-301).

As to the harm caused by gambling the following quotation would suffice:

"The vicious tendency of gambling has never been called in question. Lord Beaconsfield spoke of it as 'a vast engine of national demoralization'…In 12 years (1895-6 to 1906-7) there were 156 suicides or attempted suicides in England assigned to this cause, as well as 719 cases of theft or embezzlement and 442 bankruptcies. In view of these facts, it is not surprising that, in all civilized countries, gambling is subjected to definite legislative restraints…It is, as Herbert Spencer says, a kind of action by which pleasure is obtained at the cost of pain to another. The happiness of the winner implies the misery of the loser. This kind of action, therefore, is essentially anti-social; it sears the sympathies, cultivates a hard egoism, and so produces a general deterioration of character. It is a habit intrinsically savage…In an atmosphere of brotherhood no form of gambling could exist…But the immorality of gambling may be argued on higher grounds than a calculation of pleasure.

"(a) Every gambling transaction involves a transfer of property in one shape or another. When the gambler is asked why he stakes his money on a game or a race, his reply is, 'To add an interest to the game'. The interest thus added is, simply stated, the interest of acquisition. If the real object were, as is claimed, merely the sport and the excitement, then men might just as well wager counters, or, for the matter of that, agree to hand over all winnings to public charities. But this is not done. The transfer of property, in one shape or another, is essential to the act. There are only three ways in which property can be legitimately acquired—by gift, by labour, and by exchange. Gambling stands outside all of these.

"(b) Its motive is, however, carefully disguised covetousness. It is an attempt to get property without paying the price for it. It is a violation of the law of equivalents. It is a kind of robbery by mutual agreement; but it is still robbery, just as duelling, which is murder by mutual agreement, is still treated as murder. It is begotten of covetousness; it leads to idleness.

"(c) It is, moreover, an appeal to chance. If in any contest skill comes in, odds are given or handicaps arranged so as to equalize the chances as far as possible. To make chance the arbiter of conduct is to subvert the moral order and stability of life.

"(d) It concentrates attention upon lucre, and thereby withdraws attention from worthier objects of life" (Enc. Rel. Eth. vi. pp. 165-166).