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Again, it can be said that: in potency, there is a capability in any person to bring a great society, or a new generation, into existence. Hence, anihiliating a human being sometimes results to the effacement and murder of a generation.
It is worthy to note that once someone asked Imam Sadiq (a.s.) about the commentary of this verse when he (a.s.) answered: " The purpose of the words: ' to slay ' and ' to savr from death ' which have been referred to in the verse is saving from a fire accident a whirlpool, and the like'. Then he (a.s.) kept silent and after that he added: " A greater interpretation of this verse is that a person invites another one to the path of right or wrong and the one accepts that invitation."
At the end of the verse, the Qur'an hints to the manner of breaking law among the Children of Israel. It says:
"... And certainly our messengers come to them with clear evidences; then verily, even after that, many of them became prodigals in the earth."
The Arabic term /'israf/ has a vast scope of meaning in lexicon which envelops any transgression and exceeding the limits. Yet, it is oftern used for remittals, expenditures and expenses.
Explanations:
1- The members of human beings originate from a common truth and have a single soul, so that they are similar to the limbs of a body. Therefore, slaying a person is the same as killing all humankind.
2- The act of evaluating deeds relates to the motives and aims. Slaying a person with the intention of transgression, is putting a society into death; while killing under the title of retaliation is counted as the life of the society.
3- The death and life of a person is sometimes effective in the death and life of a society. Similarly, sometime the individual murders prepare the ground for some massacres.
4- The sign of a living society is helping the needy and saving the souls or lives.
5- Suicide, and even abortion, is one of the examples of ' homicide ', which is unlawful.
6- Transgressing against the rights of an individual is a threat to the security of the society.
7- The managers of the professions like: physicians, nurses, fire-extinguishers, reinforcers, makers of medicine, etc, whose job is securing the lives of human beings, should know the position and value of their own profession.
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33. " The only recompense of those who make war against Allah and His messenger, and strive to make mischief in the land, is that they be killed or crucified, or their hands and their feet be cut off from opposite side or they be banished from (their) land. This is a degradation for them in the world, and in the Hereafter, they will have a grievous chastisement."
Commentary:
Upon the occasion of revelation of this verse, it is cited that: a group of pagans came to Medina and then they became Muslim. They were tired and sick, therefore, the Prophet (p.b.u.h.) ordered that they would be taken in a good climate rigion outside Medina where they were permitted to enjoy of the milk of the alms-tax camels therein. When they gained their health, they took the Muslim shepherds, who were living thereabout, and cut off their hands and feet, blinded their eyes, and plundered the camels. They left out Islam, too. The Messenger of Allah (p.b.u.h.) ordered that they would be captured and be treated with the same manner as they had done upon the shepherds. Then, in this circumstance the above mentioned verse was revealed.
These retributions, which are mentioned in the verse under discussion, are counted ' rights of Allah ' and they are not forgiveable and changeable. (Atyab-ul-Bayan).(1)
However, in order to improve the society, not only admonishment and guidance are necessary, but weapon and severe revolutionary treatment are needed. (The words in the previous verse were some educational messages and warnings unto the murderer. Now, in this verse, the statement is upon the punishment of the one who fights against Allah and makes mischief.)
The noteable point here is that fighting against the servants of Allah is the same as fighting against Allah. So, the one who stands against people, is like that he has stood against Allah.
Therefore, there have been decreed several kinds of punishment for those who disturb the security of the society. These punishments are: execution, banishment, cutting off the hand and the foot, and to hang such wick persons.
In the meantime, Islamic punishments are accompanied with justice. Since corruptions and the qualifications of the mischief-makers are different, the retributions are not the same, either. If the mischief has been committed tragically, its punishment is slaughter. But, if it is superficial, its retribution is banishment. Concerning such punishments, this fact is understood from the Islamic traditions that: the retribution of homicide is execution; the retribution of terrorising is banishment, the retribution of larceny is cutting off the hand and the foot; the retribution of murder and orbbery (with arm) is cutting off the hand and the foot and being hanged. (At-Tafsir-us-Safi)
Also, it is cited in Usul-i-Kafi that one of the meanings of the phrase ' be banished from their land ' (mentioned in the verse) is throwing such a person in the sea. (Al-Kafi, vol. 7, p. 267)
Explanations:
1- The responsibility of the government and rulers is to protect the security of the society in cities, villages, roads, and so on.
2- Those opponents of the mastership of the Messenger of Allah (p.b.u.h.) whose intention is destruction and who fight against the godly system, should be dispersed.
3- Those who rise against the Muslims leader, or against the Islamic government, are among ' those who make war against Allah '. (At-Tafsir fi-Zilal-il-Qur'an)
4- Imam Rida (a.s.) said: " The length of the time of banishment for the mischief-maker is one year. The place of banishment should be announced to people in order that they break their communication with the banished person, and stop bargaining, holding familiar intercourse, and marriage with him." (Tafsir-i-Nur-uth-Thaqalayn)
5- According to a verse of the Qur'an,(2) a usurer is also counted among ' those who make war against Allah ', since such a person disturbs the economical security in the society.
Also, as some Islamic traditions indicate, disgracing a Muslim believer is considered as fighting against Allah.(3)
(1) It is cited in Al-Mizan that the choice of
one retribution out of these four retributions is up to the leader of Muslims.
So, even when the possessors of the blood of the slain remit, one of the
retributions must be executed.
(2) Sura Al-Baqarah, No. 2, verse 279
(3) Bihar-ul-'Anwar, vol. 5, p. 283
(34) ÅöáÇøó ÇáøóÐöíäó ÊóÇÈõæÇú ãöä ÞóÈúáö Ãóä ÊóÞúÏöÑõæÇú Úóáóíúåöãú ÝóÇÚúáóãõæÇú Ãóäøó Çááøåó ÛóÝõæÑñ ÑøóÍöíãñ
34. " Except those who repent before you have power over them. So know you that Allah is Forgiving, Merciful."
Commentary
The repentance of a mischief-maker and a person who fights agains the command of Allah (s.w.t.) deserves only the retribution of threat and terrorising, not the retribution of murder and theft. That is, repentance is effective in ' the right of Allah ' not in ' the right of people ', because the right of people depends on the content of the possessor(s) of the right. Thus, the account of the person who fights against the command of Allah (muharib) is different from that of a murderer and thief.
In the meantime, the gate of repentance is open to everyone. Yet, that repentance is worthy when it is done before capturing the criminal and confronting the curt. It should also be done consciously and willfully, without any compulsion. (Also, pentance for other sins is accepted before death).(1)
However, the Divine punishment has the aspect of training and improving upon the individuals and the society, not as a revenge. Therefore, the repentance of a sinner is efficacious. The verse says:
" Except those who repent before you have power over them. So know you that Allah is Forgiving, Merciful."
(1) The Qur'an, Sura An-Nisa', No. 4, verse 18
Section 6
Penal Regulations against Offenders
To seek means to approach Allah - To strive in the way of Allah - Hypocrisy of the Jews.
(35) íóÇ ÃóíøõåóÇ ÇáøóÐöíäó ÂãóäõæÇú ÇÊøóÞõæÇú Çááøåó æóÇÈúÊóÛõæÇú Åöáóíåö ÇáúæóÓöíáóÉó æóÌóÇåöÏõæÇú Ýöí ÓóÈöíáöåö áóÚóáøóßõãú ÊõÝúáöÍõæäó
35. " O' you who have Faith! Be in awe of Allah, and seek the means (of nearness) to Him; and strive hard in His way, that you may be prospersous."
Commentary:
Imam Amir-ul-mu'mineen Ali (a.s.) has said that the best means by which seekers of nearness to Allah, seek nearness, is the faith in Allah and His Messenger, striving in His way, (to believe) in the expression of Divine purification, the establishment of performance of Hajj (pilgrimage) of the House (i.e. Ka'bah) and ' Umrah ' (lesser pilgrimage), regard for kinship, almsgiving secretly and openly, and extending benefits (to people).(1)
Therefore, in order to reach felicity, we must both stop committing sins and perform worships.
In the meantime, doing goodnesses are wholly the means toward felicity if we ourselves do not waste them through our own sins.
However, Ahlul-Bayt (a.s.) are the very firm cord and means of nearness to Allah (s.w.t.).
In Islamic literatures, narrated from the Immaculate ones (a.s.), the term /wasilah/ (means), mentioned in this verse, has been rendered into Imam (a.s.) (At-Tafsir-us-Safi)..In this regard, it is also cited in some traditions: " They are firm the cord and the means to Allah (s.w.t)."(At-Tafsir-us-Safi).
Supplication is a subject about which there has been cited in the books of many Sunnite scholars, such as: Sawa'iq, by Ibn-Hajar; Sunan-i-Bihaqi; Sahih-i-Darmami; and also in Wafa'-ul-Wafa, vol. 3, p. 1371. Sura An-Nisa', No. 4, verse 64, Sura Yusuf, No. 12, verse 97, and Sura Taubah, No. 9, verse 114 can be taken as some authentique references for supplication, too.
(1) Nahjul-Balaqah, Sermon 110
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36. " Certainly those who disbelieve, if they had what is in the earth all together and the like of it with it, to ransom themselves with it from the punishment of the Day of Resurrection, it shall not be accepted from them, and for them there will be a painful chastisement.
37. " They would desire to get out from the Fire but they shall not get out of it, and for them there is a permanent chastisement."
Commentary:
To pursue the subject matter of the previous verse in which the believers are enjoined upon piety, holy struggle, and preparing the means, this verse, as the statement of reason for that commandment, points to the fate of unbelieving and filthy persons when it says:
" Certainly those who disbelieve, if they had what is in the earth all together and the like of it with it, to ransom themselves with it from the punishment of the Day of Resurrection, it shall not be accepted from them, and for them there will be a painful chastisement.
The only possible way to delivery is through Faith, piety, struggle, and good deeds.
Then, in the second verse (verse 37), the perpetuitity of this retribution is referred to. It says:
"They would desire to get out from the Fire but they shall not get out of it, and for them there is a permanent chastisement."
However, all the ways of deliverance are shut to the unbelievers. They enjoy of neither the grace of Allah, since it is specific to the pious ones, nor the intercession, because it relate only to those with whom Allah is pleased. There is no death therein for the disbelievers. They are permanently alive in the Fire of Hell, and their request for death is not accepted.
The person who does not come out from darkness of ignorance and infidelity in this world, where he has son many clear reasonings and guidance, will not come out of Hell in the Hereafter.
(38) æóÇáÓøóÇÑöÞõ æóÇáÓøóÇÑöÞóÉõ ÝóÇÞúØóÚõæÇú ÃóíúÏöíóåõãóÇ ÌóÒóÇÁ ÈöãóÇ ßóÓóÈóÇ äóßóÇáÇð ãøöäó Çááøåö æóÇááøåõ ÚóÒöíÒñ Íóßöíãñ
38. " As for the thief, both male and female, cut off their hands as a recompense for what they have earned. It is an exemplary punishment from Allah; and Allah is the Mighty, the Wise."
Commentary:
In this verse, at first, it refers to the male thief and then to the female thief. But in Sura An-Nur, verse 2, where the ordinance of fornication has been stated, at first, the Qur'an refers to the ' adulteress ' and then to the ' adulterer '. The reason of it maybe that in theft the function of man is more effective than that of a woman, and in fornication the function of the woman is more effective.
" As for the thief, both male and female, cut off their hands as a recompense for what they have earned. It is an exemplary punishment from Allah; and Allah is the Mighty, the Wise."
About one thousand years ago, the Late Sayyid Murtada'Alam-ul-Huda, a well known Muslim scholar, once was asked: why should the hand, which deserves five hundred ' mithghal ' (a weight equivalent to 5 grams) gold as ' compensation for an injury ', be cut off because of the theft of one fourth ' mithghal ' gold? He answered: " Trustworthiness promotes the value of the hand, and treachery decreases its value."
According to some Islamic traditions, the standard of cutting off the hand, for this compensation, is four fingers, so that the thumb and palm should be left safe. The amount of finance for which the hand of a thief must be cut off is at least equivalent to the price of one fourth mithghal gold. That wealth should have been kept in a protected place, not in a common place like: an inn, a public bath, a mosque and the like. The wealth ought to be given back to its owner, too, after the execution of the legal decision. Also, the thief should be aware of the law of cutting off the hand. Otherwise, his/her hand will not be cut off. Again, the hand of a thief will not be cut off if the thief steals the wealth of his/her partner, or steals some food stuff under necessity in the years of scarcity, and the like. Similarly, the hand of a thief will not be cut off when the theft is done by a father from his child's property, a slave from his master's wealth, a mad and a person not arrived at puberty, or the one who had thought he had the right of taking the property. There are, of course, some other retributions in all these conditions wherein the hand will not be cut off.
The holy Prophet (p.b.u.h.) in a tradition said that the worst kind of larceny is stealing from prayer and performing its bowing and prostration imperfect.(1) In the statements of some Islamic saints, it has been protested why it happens that some Muslims commit larceny in the holy phrase: /bismillah-ir-rahman-ir-rahim/ when they recite Sura Al-Hamd.
Cutting off the hand is for the first stage of theft. For the second time, the left leg will be cut off. For the third time, the retribution is life imprisonment, and annihilation is for the fourth time.(2)
Explanation:
1- To cut off the hand is the only heavy withholding compensation and retribution of theft.
2- In executing Allah's bounds, we must not be affected by sympathy and kind feelings.
3- Besides cutting off the hand, the thief is responsible for the property, too.
4- The execution of these ordinances needs: rule, force, system, and organizations. Thus, Islam is a religion of government and policy.
5- Poverty is not an excuse or a permission for larceny. Islam, before cutting off the hand, emphasizes on the importance and necessity of job and running the lives of the poor by the way of Muslim public treasury, near relatives, loan without interest, cooperation, and the like.(3)
6- The Divine retributions are not counted as revenge, but they are to be as withholding.
(1) Bihar-ul-Anwar, vol. 84, p. 257; &
Musnad-Ahmad-ibn-Hanbal, vol. 3, p. 56
(2) Majma'-ul-Bayan, vol. 3, p. 192
(3) Fi-Zalal-il-Qur'an, vol. 2, p. 716
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39. " But whoever repents after his iniquity and makes amend (his evil deeds), then surely Allah turns to him (mercifuly), verily Allah is Forgiving, Merciful."
Commentary:
In Islam, punishments are set beside guidance, godly training, and invitation. Through previous verse, the retribution of a thief was stated. Here, in this verse, there exists the invitation to repentance unto Allah, forgiving, and the improvement of one's own vices, which causes that Allah returns His grace and mercy to the servant.
For the wrong-doers the gate of returning and improvement is always open. This gate is the very repentance. It should also be regarded that repentance is not only an inner regret, but it must be accompanied with the amends of the past corruptions.
If a thief repents (before that he be captured and be sent to the court) and gives back the property, he will be forgiven both in the world and the Hereafter. But, when it is after that he is captured the religious punishment will be fulfilled and the function of repentance is only for the Hereafter.
The verse says:
" But whoever repents after his iniquity and makes amend (his evil deeds), then surely Allah turns to him (mercifuly), verily Allah is Forgiving, Merciful."
(40) Ãóáóãú ÊóÚúáóãú Ãóäøó Çááøåó áóåõ ãõáúßõ ÇáÓøóãóÇæóÇÊö æóÇáÃóÑúÖö íõÚóÐøöÈõ ãóä íóÔóÇÁ æóíóÛúÝöÑõ áöãóä íóÔóÇÁ æóÇááøåõ Úóáóì ßõáøö ÔóíúÁò ÞóÏöíÑñ
40. " Do you not know that to Allah belongs the Dominion of the heavens and the earth? He punishes whom He pleases and forgives whom He pleases, and verily Allah is All-Powerful over all things."
Commentary:
Allah is not in need of the repentance of servants, because all the existence belongs to Him.
So, the sinners and the corrupters should know that there is no way for them to flee, and they ought to return to Allah.
" Do you not know that to Allah belongs the Dominion of the heavens and the earth? He punishes whom He pleases and forgives whom He pleases, and verily Allah is All-Powerful over all things."
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41. " O' Messenger! Let not those who hasten in infidelity grieve you, from among those who (hypocritically) say with their mouths: ' We believe ', but their hearts do not believe, and from among those of the jews who listen for (the sake of) lying, listen (with a spy manner) for other people who have not come to you. They distort the (heavenly) words from their places, saying: ' If you are given this, take it, and if you are not given this, beware! (be aloof) '; and whomever Allah desires to punish, you cannot avail him anything with Allah. Those are they whose hearts Allah does not desire to purify; there is a degraolation for them in the world, and in the Hereafter, they will have a grievous chastisement."
Commentary:
Prophets Are Sympathetic unto the Misguided
The hypocrites and the Jews pursue the same goal. Their goal is the perversion of religion (Islam). Disbelievers have always some secret agents of influence and spies amongst Muslims. Therefore, religious prechers ought not to consider all their audience as well-intentioned listeners.
In the meadtime, the hypocrites not only have the worldly misfortunes (including: to hear lies, to spy, to pervert the facts, to claim faith for benefits), but also the great punishment of the Hereafter waits for them.
However, we must submit to the Truth and commandments of Allah entirely; and do not accept only the religious legislations that correspond to our desires.
The verse says:
" O' Messenger! Let not those who hasten in infidelity grieve you, from among those who (hypocritically) say with their mouths: ' We believe ', but theirhearts do not believe, and from among those of the Jews who listen for (the sake of) lying, listen for other people who have not come to you. They distort the (heavenly) words from their places, saying: ' If you are given this, take it, and if you are not given this, beware! (be aloof) '; and whomever Allah desires to punish, you cannot avail him anything with Allah. Those are they whose hearts Allah does not desire to purify; there is a degraolation for them in the world, and in the Hereafter, they will have a grievous chastisement."
(42) ÓóãøóÇÚõæäó áöáúßóÐöÈö ÃóßøóÇáõæäó áöáÓøõÍúÊö ÝóÅöä ÌóÂÄõæßó ÝóÇÍúßõã Èóíúäóåõã Ãóæú ÃóÚúÑöÖú Úóäúåõãú æóÅöä ÊõÚúÑöÖú Úóäúåõãú Ýóáóä íóÖõÑøõæßó ÔóíúÆðÇ æóÅöäú ÍóßóãúÊó ÝóÇÍúßõã Èóíúäóåõãú ÈöÇáúÞöÓúØö Åöäøó Çááøåó íõÍöÈøõ ÇáúãõÞúÓöØöíäó
42. " (They are) listeners to (any) lie, and devour the unlawful; therefore, if they come to you, judge between them or turn away from them; and if you turn away from them, they will harm you nothing; and if you judge, judge between them with equity; verily Allah loves the just."
Commentary:
Some of the Jews, who had committed adultery, came to the prophet to judge. They hoped to escape from the retribution of stoning, which exists in the religion of the Jews,(1) while the Islamic law for the adulterer is stoning, too. When they saw that the ordinance of Islam was the same as it was in their own religion, they did not accept it.
The Arabic term /suht/, used in this verse, according to the Islamic traditions, means: ' bribery ' and the gifts given for the fulfilemnt of an affair. It also means: ' destruction ' or ' the thing which causes destruction'.
The verse says:
" (They are) listeners to (any) lie, and devour the unlawful; therefore, if they come to you, judge between them or turn away from them; and if you turn away from them, they will harm you nothing; and if you judge, judge between them with equity; verily Allah loves the just."
(1) The Turah, Deuteronomy, Chapter 22, No. 21-26
(43) æóßóíúÝó íõÍóßøöãõæäóßó æóÚöäÏóåõãõ ÇáÊøóæúÑóÇÉõ ÝöíåóÇ Íõßúãõ Çááøåö Ëõãøó íóÊóæóáøóæúäó ãöä ÈóÚúÏö Ðóáößó æóãóÇ ÃõæúáóÆößó ÈöÇáúãõÄúãöäöíäó
43. " And how do they (the Jews) make you a judge, while with them is the Turah, wherein is Allah's judgement? Yet they turn away after that, and those are not believers."
Commentary:
Again, this verse follows the subject of the Jews seeking judgement from the Prophet (p.b.u.h.), which was referred to in the previous verse. It surprisingly says:
" And how do they (the Jews) make you a judge, while with them is the Turah, wherein is Allah's judgement? ..."
It should be noted that the aforementioned decree (i.e. the decree of stoning the man and the woman who have committed adultery) is found in the present Turah, Deuteronoms, Chapter 22, No. 21-26.
The verse continues saying:
"...Yet they turn away after that, and those are not believers."
Section 7
Relation of the Qur'an to the previous heavenly Books
Evidence from Turah - The Evangel and its evidence - The Qura'n's confirming the previous heavenly Books - Now the Qur'an to be followed.
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44. " Verily We have sent down the Turah, wherein is guidance and light, by which the prophets, who submitted themselves (to Us), judged for those who were Jews, and (so did) the rabbis and the scholars (of divinity of the Jews) in accordance with what they were entrusted with the Book of Allah, and they were witnesses thereof. Therefore, do not dread the people, and dread (opposing) Me; and do not sell My Signs for a little price. And whoever does not judge by what Allah has sent down, those are they that are the infidels."
Commentary:
Separate from confessing upon the falsification of the Turah and the Bible, the originality of the heavenly Books should be admired and glorified.
It is true that the Turah was revealed to Moses (a.s.) and the Eveangel was revealed to Jesus (a.s.), yet they have been accepted by all the prophets and the saints after them. And They wholly practiced according to the ordinances of those Books.
Thus, prophets have no commandment from their ownselves, save that they are surrended to the commandment of Allah. Then, when the prophets are surrended to the commandment of Allah, why should we not?
Islam is the religion of all. The prophets of the Israelites have been qualified with ' submition ', not with Judaism and Christianity.
And, in general, the scholars of every nation are responsible for the execution of the commandments of the Lord among people. Therefore, guardianship of the jurisconsult has evidences in all religions.
"... by which the prophets who submitted themselves (to Us) judged ..."
Explanation:
The Qur'anic word /rabbani/ is derived from /rabban/ which means: ' trainer '. As some other philologists have rendered, the person qualified with /rabbani/ is someone who has adjoined ' the Lord of the worlds ' and does not rest with other than Him. Such a person has become godly and have assumed the responsibility of people.
The Arabic term /hibr/ means: ' the effect of a good action ', since sholars are the source of benevolence in the society, they are called /hibr/ the plural of which is /ahbar/.
" Verily We have sent down the Turah, wherein is guidance and light, by which the prophets, who submitted themselves (to Us), judged for those who were Jews, and (so did) the rabbis and the scholars (of divinity of the Jews) in accordance with what they were entrusted with the Book of Allah, and they were witnesses thereof. Therefore, do not dread the people, and dread (opposing) Me; and do not sell My Signs for a little price. And whoever does not judge by what Allah has sent down, those are they that are the infidels."
It is narrated from Imam Ali (a.s.) who has said: " I am the trainer of this community ". Imam Sadiq (a.s.) also said: " Rabbaniun are the very Imams from Ahlul-Bayt."
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45. " And We prescribed for them in it that: a life is for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds (there shall be) retaliation. But whoever remits it, it shall be an expiation (of his sins) for him; and whoever does not judge by what Allah has sent down, those are they that are the unjust."
Commentary:
Retaliation and Remittal:
This verse explains another part of the ordinances concerning crimes and the bounds of Allah in the Turah. It denotes that Allah has assigned the law of retalition in the Turah so that if a person intentionally murders an innocent one, the owners of blood can retaliate instead and execute the murderer.
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